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Gigapan

CTier CMedium risk · 43/100
  • The documents do not say whether your data trains AI.
  • Your data is used for personalized ads, including by third-party ad companies.
  • Data is shared only with the providers who run the service.
  • Staff may review your content; the policy does not describe an opt-out.

Old photo-sharing terms take a license on public panoramas, allow ads cookies, and make you cover their legal costs.

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Privacy policy · September 28, 2011 ↗Terms ↗18 min read · college graduate level22 lines verified word for word

Collected

What is collected

Account details, your photos, email, birth date, IP logs, cookies, and computer setup.

Read the exact line

Privacy policy

“Our registration forms will specify the information which you must provide in order to enjoy the particular feature to which you wish to subscribe, which may include such items as (i) name; (ii) mailing address; (iii) birth date”

Training

How it is used

They run the site, may email marketing, and let ad partners use cookies and visit data.

Read the exact line

Privacy policy

“These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related Content.”

Sharing

Who may see it

Vendors and affiliates can get personal data; advertisers get visit data and cookies.

Read the exact line

Privacy policy

“We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:”

Kept

How long it is kept

You can ask them to delete personal info, but they say backups may keep copies.

Read the exact line

Privacy policy

“Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions.”

Controls

Your controls

You can edit account info, opt out of marketing email, and by contacting them.

Read the exact line

Privacy policy

“you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.”

Fine print

The fine print

Public photos get a forever license; service is as-is; you pay their legal bills; prices can change anytime.

Read the exact line

Terms of service

“you grant us a , , , fully paid-up, non-exclusive, worldwide, fully license under your intellectual property rights to use, copy, reformat, index, modify, adapt, publicly display, publicly perform, and distribute your Content designated as Public”

Expand “Read the exact line” to see the source alongside the explanation.

What you can turn off

The controls and opt-outs their own documents describe, and where they say to find them.

  1. Mark panoramas Private/Private Group instead of Public

    Membership access settings in the terms (Section 5.2 Levels of Access)

  2. Ask them to delete your personal information

    Contact support@gigapan.com (Privacy Policy Section 16 / 7.3)

  3. Opt out of marketing emails

    Instructions in each marketing message, or Section 7 Opt-Out

  4. Turn off cookies in your browser

    Browser settings; they note cookies are needed for some personalized features

If a switch is not where they say, the deletion request above still applies.

Line by line

The lines that matter most, worst first.

1 · How it is used

If a photo is public, they get a forever license they can pass to others to copy and show it.

Read the exact line

Terms of service

“you grant us a , , , fully paid-up, non-exclusive, worldwide, fully license under your intellectual property rights to use, copy, reformat, index, modify, adapt, publicly display, publicly perform, and distribute your Content designated as Public”

For example, they could keep using your panorama on the homepage even after you leave, and let others snapshot it.

2 · The fine print

If someone sues them because of something you posted or did, you may have to pay their lawyers.

Read the exact line

Terms of service

“You agree to , and hold GIGAPAN and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.”

For example, if a person in your panorama sues Gigapan, you could be on the hook for legal fees.

3 · The fine print

They can change prices and product details without telling you first.

Read the exact line

Terms of service

“All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice.”

For example, a print or membership price you saw yesterday could be higher at checkout with no warning.

4 · How it is used

Outside ad companies can drop cookies and track how you use the site.

Read the exact line

Privacy policy

“An Advertiser may place or utilize its own cookie on your browser, and may use Information about your visit to our sites, such as the number of times you have viewed the ad.”

For example, a banner network could remember you viewed an ad and show you similar ads elsewhere.

5 · How it is used

Staff can read posts and chats on the site whenever they choose.

Read the exact line

Terms of service

“Due to this monitoring, you cannot expect that communications through our Website will remain “private” or otherwise free of our review.”

For example, a comment you leave on someone’s panorama could be reviewed by Gigapan.

6 · The fine print

They can shut your account when they decide you broke the rules, without promising notice.

Read the exact line

Terms of service

“We reserve the right at any time to terminate or suspend your access to some or all of the Services or the Website if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct.”

For example, they could lock you out of uploaded panoramas after a complaint they agree with.

7 · How long it is kept

Even if you ask them to delete you, copies may stay in backups.

Read the exact line

Privacy policy

“Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions.”

For example, your old email and name might still sit in a backup after they “delete” your account.

8 · How it is used

Removing a photo does not undo licenses already given to Gigapan or people who already used it.

Read the exact line

Terms of service

“This termination will not affect licenses to the Content granted by you before the time you completely remove the Content, and our Members (as well as GIGAPAN) will continue to enjoy their rights under Section 6.3”

For example, someone who already took a snapshot of your panorama can keep using that snapshot.

9 · The fine print

They say 13+ on the privacy page but admit they cannot always know true age; terms also require 18 to register.

Read the exact line

Privacy policy

“WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES.”

For example, a 14-year-old could click through if they type an older birth date.

10 · How long it is kept

They describe password protection, need-to-know access, and traffic monitoring, but they do not promise it cannot be hacked.

Read the exact line

Privacy policy

“We have put in place security systems designed to prevent unauthorized access to or disclosure of personally identifiable Site-Directed Information you provide to us, and we take all reasonable steps to secure and safeguard this Information.”

For example, they say employees must follow confidentiality rules, yet they disclaim that data is fail-proof.

11 · Terms

Disputes go to Oregon courts.

Read the exact line

Terms of service

“Both parties submit to the personal of and venue in the state and federal courts in the State of Oregon in the judicial district that includes Portland, Oregon.”

For example, if you wanted to sue, you would file in Portland, Oregon.

Words to know

Legal words from the lines above, in plain English.

personal data
Any information that is about you or can be linked to you, from your name to your phone's ID. For example, your email, your IP address and the list of apps on your phone are all personal data.
third parties
Any company or person other than you and the app, such as advertisers, partners or analytics firms. For example, an analytics company that receives a record of every screen you tap is a third party.
consent
Your clear agreement to something, given by an action like ticking a box or tapping Accept. For example, a pop-up asking if the app may use your location is asking for consent.
worldwide license
You let the company use your content anywhere on earth, usually for free and for as long as it likes. For example, a video you post can be shown in ads in any country without asking you again.
perpetual
Lasting forever, with no end date. For example, a perpetual licence means the company can keep using your video years after you leave.
irrevocable
Cannot be taken back or cancelled once given, even if you change your mind or delete your account. For example, an irrevocable licence to your photos means you cannot withdraw it later.
royalty-free
The company can use your content without ever paying you for it. For example, your photo can appear in the app's ads and you get nothing.
sublicensable
The company can pass its rights over your content on to other companies without asking you. For example, an app can let an advertiser or a partner reuse your video under the licence you gave.
indemnify
You promise to pay the company's legal costs and losses if your use of the service gets it sued. For example, if you post a song you do not own and the label sues the app, you owe the app's lawyer bills.
affiliates
Other companies owned by or connected to the same parent company. For example, if you use one app, its sister apps under the same owner may also get your data.
limitation of liability
A cap on what the company will ever pay you if something goes wrong, often only what you paid in the last year. For example, if a leak of your data costs you thousands, the most you may get back is a month's subscription fee.
cookies
Small files a website saves on your device so it can recognise you and remember what you did. For example, a cookie keeps you logged in and can also tell an ad company which sites you visited.
How we got here · grade C · score 43/100 · 15 of 15 policy answers backed by a verified quote · 2 not stated
  • What does the app collect beyond what it needs to work?

    They collect registration info, photos, IP addresses, cookies, logs, and computer configuration, not just account and content.

  • Does it record your voice, face or body, and what happens to that?

    The documents talk about photographs as content and sometimes as personal information, not voice or face biometrics.

  • Are your chats and uploads used to train AI models, and is that off by default?

    Not stated in the documents.

  • Can employees or contractors read your conversations, and when?

    They reserve the right to monitor site use and say you cannot expect posts to stay private.

  • Are you profiled or tracked for advertising?

    Third-party advertisers may set cookies and use visit data and advertising profiles.

  • Do they sell or share your data, and can you opt out?

    They say they do not give personal information to unaffiliated third parties except vendors, legal needs, or a sale of the business, plus affiliates.

  • What rights do they take over what you type and what the AI makes?

    Public uploads get a perpetual, irrevocable, fully sublicensable license; they still say you own the content.

  • How long do they keep your data after you delete it, and can you delete it in the app?

    Deletion is by request; they warn backups and deletion records may keep copies.

  • Does it build a lasting memory or profile of you, and can you see, edit or turn it off?

    Not stated in the documents.

  • Do they commit to basic security, and have they leaked data?

    They describe password protection, need-to-know access, vendor rules, and traffic monitoring, and they disclaim that security is fail-proof.

  • Is there a real age gate, and are teens protected?

    Privacy says 13+ and they cannot always know true age; terms say you must be 18 to register. No age-assurance tools are described.

  • Will they tell you when the rules change, and is the policy specific?

    The privacy policy is dated 9/28/2011. They post changes and say continued use binds visitors; members must consent to some privacy changes. Retention periods are not specific.

  • Can they close your account without warning, and can you get your data out first?

    They can suspend or terminate access at any time if they decide you broke the code of conduct, and they can refuse service for bad registration data.

  • If something goes wrong, who pays?

    The site is as-is with broad damage limits, and you must indemnify them for third-party claims and breaches.

  • Do subscriptions renew on their own, and can you get a refund?

    Product and service prices can change at any time without notice; prints and software are generally non-returnable.

The privacy policy is 4,040 words at a college graduate level (Flesch reading ease 32.9); the terms are 7,202 words at a college level.

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