Last updated as of: May 24, 2018
Thank you for visiting IMVU, Inc.'s ("IMVU") Internet web site located at www.imvu.com ("Site") and/or mobile application ("App"). Collectively, the Site and the App are referred to as the "Services". IMVU respects the privacy of its visitors, customers, and partners. We understand the importance of being transparent about what personal data we collect in order to provide the Services, how the data is used, and with whom we share it as well as your rights regarding your own data. All of that information is explained below in this Privacy Notice.
Privacy Notice Updates
IMVU may update this Privacy Notice from time to time. If we decide to change our Privacy Notice, we will post those changes to this Privacy Notice on the home page, and other places we deem appropriate, along with a change notice so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also elect to send users a notice of any changes via e-mail. If any modification is unacceptable to you, you shall cease using the Services. If you do not cease using the Services, you will be deemed to have accepted the change.
Information Collection and Use
To use the Services, we request certain personal data from you on the registration form such as your name, avatar or username, password, email and age.
We also collect your location data, including city, metro code, zip code, state, country, latitude and longitude and area code through your IP address.
In addition, when you register, we may collect any personal data that you elect to include in your profile, including:
- relationship status; and
- your self-selected country;
Unless you have set your preferences to hide certain profile data, other users on our Services will be able to view your profile data (which includes your self-selected avatar name, display name, age, gender and country (and in the United States, your State) based on our collection of your country or, if you have changed your country, then the country that you have selected.
If you join our Creator Notification program or certain other optional IMVU services, we need additional information to ensure payment processing and also will ask you for your account name, postal address, cell phone number, driver's license or other government identifier and tax ID number.
We will use this information to administer the Creator Notification program or other programs, and may use this information to send you notices and information as may be required.
Purchases and Orders
If you wish to Join our VIP program, add credits to your account, purchase rights to use a particular avatar name, or purchase other virtual goods or services, we request certain personal data from you. You must provide us with contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date, PayPal account information, or a selfie where applicable). If you use an identity linked purchase tool (such as PayPal), we will retain an encrypted token of the purchase for our records.
We use this information to verify your identity for fraud detection, for billing purposes and to fill your orders. We also use this information to improve our services. If we have trouble processing an order, we will use this information to contact you.
When you sign up for the Services you may choose to opt-in to receiving IMVU marketing email.
We may send you email from time to time. Examples include when someone adds you as a friend, when you get a new message from one of your friends or when a user is not your friend but sends you a message. If you do not wish to receive certain types of email communications you may go to "Account Settings" "Change Email Preferences" and change your options.
Photos, Videos, Content
You may upload photos, videos and other content on the Services (for example, to use as your avatar image or for your Photo Stream/Feed). We collect this data that you choose to upload to the Services.
Please be aware that if you do this then your photos, videos and other content that you post may be viewed by other users of the Services. You may remove your photo(s), videos and other content at any time by going to your account, selecting your content, and deleting content.
If you are a minor between the ages of 13 and 18, you may contact us via our help center to remove certain content that you have submitted on the Services.
Chat /Blogs/Message Boards/Instant Messages
If you use the chat functionality, message board or instant messages on the Services, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal data or information that you choose to submit in these forums.
If you choose to subscribe to our blog by email we will collect your email address, and we will use your email address to send you an email verification as well as email messages if people comment on the same blog thread as you. You may unsubscribe to this at any time by following the instructions included in each email communication or by clicking on the "Request Support" tab and selecting "Privacy" as a Case Category.
We use your personal data to improve the content and general administration of the Services, provide you with customer support, improve the Services and to detect fraud, illegal activities or security breaches.
Additionally, IMVU may also collect other tracked information described below in the "Tracked Information" section and such other non-personal data as statistics about machines running our software, so as to further understand and enhance the user experience, marketing, security, enforcement, and system integrity (prevention of hacks, unauthorized use, etc).
IMVU and Children
IMVU recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests.
The Services are not intended for children under the age of 13 and IMVU does not target the Services to children under 13. IMVU does not knowingly collect personal data from children under the age of 13. If you are under the age of 13, please do not register to use the Services and do not provide us with any personally identifiable information.
If you are between the ages of 13 and 16 and reside in the European Union, we will obtain your parent or guardian's verifiable consent to collect certain data, to the extent required by applicable law.
We may track the total number of visitors to our Services, the number of visitors to each page of our Services, browser type, IP addresses, and device id's, UDID's and we may analyze this data for trends and statistics. We may also use such information to administer and improve the Services, analyze trends, track users' use of the Services, and gather broad demographic information for aggregate use.
Additionally, we may collect information regarding your transactions on the Services, such as the virtual goods you create, sell and/or purchase, the virtual price for such virtual goods, the profit you make by selling such virtual goods (collectively, "Transactional Data"). We may link this aggregate Transactional Data with your personal data such as name, gender, age and address for internal analysis, to provide customer support, and for other internal business purposes.
Cookies (and Related Technologies)
Technical, analytics, and usage information
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. When you visit or access the Services, we may by means of cookies, beacons, tags, scripts, and/or similar technologies automatically collect technical information about the devices and software you use to access the Services, such as the type of Internet browser or mobile device you use, the website or source that linked or referred you to the Services, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, and other similar technical information.
We use both session ID cookies and persistent cookies. IMVU tracks users use of the Services, but does not track users across third party websites.
These same technologies (or a combination of them) may also be used to help us:
- Capture and store users' preferences, account settings, and certain login information (mainly for convenience, user verification, and account security)
- Compile statistics and analytics about your use of and interaction with the Services, including details about how and where our Services are accessed, how often you visit or use the Services, the date and time of your visits, your actions on the Services, and information regarding in-game activities, and other similar traffic, usage, and trend data. These analytic tools allow us to better understand the functionality of our mobile software on your device and gain insights about how mobile software is used in order to improve your experience;
- Gather important functionality, testing, and performance data about our Services, including performance data related to our mobile application, such as networking activity, CPU load, and resource usage, among other relevant data.
- Moderate user behavior on the Services, such as protecting against payment fraud and other inappropriate activities;
- Gather demographic information about our user base; and,
- Perform other similar functions.
We may use third party tools and technologies to help us gather this information discussed above. For instance, we use Google Analytics to collect and process certain analytics data with technologies such as tracking pixels.
Google provides some additional privacy options described at http://www.google.com/policies/privacy/partners/ with respect to Google Analytics cookies. To opt out from Google Analytics, you can download a plug-in from http://tools.google.com/dlpage/gaoptout.
Typically, all technical, analytics, and usage information is gathered by IMVU in anonymous form and does not identify you personally.
Advertising and Marketing
What does this mean? When you click on a link to an External Partners on our Site, that External Partner will drop a cookie (or similar tracking technologies) and likely capture and collect your device ID or IP address, so that it can track your activity on the Site and when you visit other sites, unless you have not opted in or have blocked cookies as described below.
Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices.
Please note, however, that by blocking or deleting cookies used on the Services, you may not be able to take full advantage of the Services and you may not be able to properly log on to the Services.
IMVU does not process or respond to web browsers' "do not track" signals or other similar transmissions that indicate a request to disable online tracking of users who visit or use our Services.
For our users in the EEA, please note that to the extent that your consent is required to allow cookies, we will obtain your consent, which you may withdraw at any time.
Information We Share
IMVU does not sell, rent, or trade your personal information with third parties other than as disclosed within this Privacy Notice. IMVU may share your information as set forth below or with your prior consent if required by applicable law.
Agents and contractors
IMVU may share users' information with our third party agents, contractors, or service providers who are hired to perform services on IMVU's behalf. These providers may operate or support certain functions of the Services that we offer. Below is an illustrative list of functions for which we may use third-party service providers and the names of the providers we may use to perform these functions:
- Analytics services (e.g., Google Inc.)
- Advertising services (e.g., AppsFlyer)
- Customer support services (e.g., Salesforce)
- Surveys and promotions (e.g., Peanut Labs)
- Billing services and payment gateway providers (e.g., Boku,)
- Hosting and content delivery network services (e.g., Amazon Web Services)
These agents and contractors are only allowed to use the information shared with them for the specific tasks we have requested them to do and consistent with this Privacy Notice, and for no other purposes. IMVU takes steps to ensure that all service providers with access to personal information are capable of protecting the information we share with them.
Public forums and community areas
We offer users the ability to use forums and similar means of public discussion. If you use any messaging, posting or chat functions on IMVU, you should be aware that any personal information submitted there will be available to anyone who has access to that content, including other users, and can be read, collected, or used by other users of these forums, and could be used to send unsolicited messages. We are not responsible for how other individuals use the information posted in this manner.
We may disclose personal information about you as required or permitted by law and/or to comply with a judicial proceeding, court order, or legal process served on our Services. To the extent permitted by applicable law, we also may disclose personal data about you in response to a request from law enforcement agencies, regulators or other public agencies (including schools or children services) or if we believe such disclosure may prevent a crime, facilitate an investigation related to public safety or protect the safety of a child using our Service, protect the security or integrity of our Service, or enable us to take precautions against liability or to protect our rights.
We may disclose or otherwise transfer information about our users, including personal data, to an acquirer, successor, or assignee as part of any merger, acquisition, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
We share aggregated, automatically-collected or otherwise non-personal information with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, advertisements, promotions and/or functionality available through the Services. We do not share personal information about you in this case.
Social Plugins on Our Services
We may use social plugins on our Services and may include icons that allow you to interact with third party social networks. For example, you may sign in using your Facebook account. If you use any social plug-ins, the relevant third party may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your data to the social networks. Your use of these social plugins is subject to the privacy policies of the third party social networks.
Third Party Advertisements
Certain advertisements that appear on the Services are sometimes delivered (or "served") directly to users by third party advertisers. Some of these third party advertisers automatically receive certain of your personal data through your interaction with an advertisement. If you elect to participate in the "Earn Credits" functionality and you opt-in, such third parties may also track performance and use data relating to the ads as well as how you use the Services
Additionally, they may collect information about your device, operating system, the wireless carrier providing service to such device, and the geographical location of the device. These third party advertisers may also download non-personally identifiable cookies to your computer, or use other technologies such as "web beacons" to measure the effectiveness of their ads and to personalize advertising content. Their use of your personal data will be governed by the terms of their privacy policies and their privacy policies may explain the way in which you can "opt-out" of certain tracking by their advertisements.
Some of our advertising partners are members of the Network Advertising Initiative or the Digital Advertising Alliance, which you can learn more about at these links:
If you do not wish to receive our personalized ads, please visit their opt-out pages at the above links to learn about how you may opt out of receiving personalized ads from member companies. On the App, you can change your privacy settings in your device settings and implement Apple iOS Limit Ad Tracking.
Third Party Offers
If you wish to complete a third party offer in order to earn free credits on the Services you will be redirected to the third party site for the offer you wish to complete. The information collected on these third party sites is not covered by our Privacy Notice. For third party offer sites collection and use of your information please read their privacy policies. These third party sites share with us your customer identification number once the offer has been completed so that we may match the number to your avatar to credit your account with the credits you have earned for completing that offer.
California Privacy Rights
California residents may request information about our disclosures of certain categories of personal data to third parties for such third parties' direct marketing purposes. California residents may make such request to us at firstname.lastname@example.org. We will provide a list of the categories of personal data disclosed to such third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses or these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email specified in this section.
How Is Your Personal Data Retained & Secured?
We retain personal data for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. We use the following criteria to determine our retention periods: the length of time we have an ongoing relationship with you and provide you with access to our Services; if there is a legal obligation to which we are subject; and whether retention is advisable in light of our legal position (such as statutes of limitation).
We employ procedural and technological measures that are reasonably designed to help protect your personal data from loss, unauthorized access, disclosure, alteration or destruction. IMVU may use firewalls, password protection, secure socket layer, database encryption, and other security measures to help prevent unauthorized access to your personal data.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL).
* ADDITIONAL INFORMATION FOR OUR USERS IN THE EUROPEAN ECONOMIC AREA*
Notice Regarding Data Transfers outside of the United States of America
Categories of Recipients of Personal Data
The categories of recipients of personal data with whom we may share your personal data are listed in "Information We Share" above.
Note that with respect to certain data processing activities for which your consent was obtained, if you withdraw your consent with respect to those processing activities, we will no longer share your information with third-party recipients, and request that such recipients cease processing your data.
Data Retention Periods
General Retention Periods
Subject to exceptions as required or permitted by applicable law, we retain personal data that is necessary for your use of the Services as long as you are a user of the Services. With regard to Creators, we retain financial information, Tax IDs and related information for as long as required by law.
Meta data on the Services which is needed for the purposes of IT security and maintaining the Services in general, can be retained for the prevention of abuse of minors, and therefore will be retained for such purpose for a period of up to three years. This includes (for instance) IP address and MAC Address.
For inactive users (i.e., users who have signed up but are not actively using the Services), we will delete personal data after 18 months of inactivity. If the user then wants to sign up again, he or she may choose to do so.
Any data collected with valid user consent will be retained until it is withdrawn or if we are not able to refresh it.
There are exceptions from static retention periods that have to be taken into consideration. For instance, we cannot delete personal data when there are legal obligations to retain the data (e.g. arising from tax or commercial law). This is particularly true of data regarding financial transactions (e.g. in-service/app purchases; funds for Creators) and payment information.
Additionally, we cannot delete data when it is needed for the establishment, exercise or defense of legal claims ("litigation hold"). In this case, the data can be retained as long as needed for exercising respective potential legal claims.
The time frame of deletion
If personal data can no longer be retained it will be erased without undue delay, generally within one month, unless exceptions apply.
In some instances, we may choose to anonymize your personal data instead of deleting it, for statistical use, for instance. When we choose to anonymize, we make sure that there is no way that the personal data can be linked back to you or any specific user.
Purpose of the Processing and Legal Bases
IMVU uses your personal information for a number of different purposes. Some are essential for us to provide the Services you use or to fulfill our legal obligations, some help us run the Services efficiently and effectively and some enable us to provide you with more relevant and personalized offers and information. We use your personal information to provide our Services, for example to set up and run your account, process orders and transactions, respond to queries and comments, and provide you with the best possible level of customer service
In all cases we must have a reason and a legal ground for processing your personal information. Some of the most common legal grounds we rely on are briefly explained below.
We may process personal data for our own legitimate business interests. This relates to our ability to provide and maintain Services that work well and to give you the best Services, while making sure that you have the most secure experience. When we rely on this legal basis, we'll carry out a legitimate interest assessment to ensure we consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Our legitimate business interests don't automatically override your interests - we won't use your personal data for activities where our interests are overridden by the impact on you.
If you establish a user profile, we will process your data in order to provide you a profile page on the Services, and enable you to have the best user experience. We may also process your information to allow you to move from one device to another, without it impacting your status, or to purchase virtual items on the Services. We may also process your information to protect you against fraud when transacting on our Services, and to ensure our websites and systems are secure. We also have an interest in making sure our marketing is relevant for you, so we may process your information to send you marketing that's tailored to your interests.
If you have any concerns about the processing, you have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see "Staying in Control of Your Information: Your Rights" below.
We may process your personal data for the purposes of a contract to which you are a party, in other words your ability to use the Services. For instance, if you establish a user profile, we will process your data in order to provide you a profile page. Likewise, if you purchase virtual items on the Services, we will process your data in order to carry out the payment transaction.
You have the right to request that IMVU amend your data, and you can ask for your data to be removed if you decide that you no longer want to use the Services. If we don't have any legal requirements to keep this, then we will remove it.
IMVU may use consent where we're asking you to confirm your marketing preferences to ensure we only contact you via the medium you have chosen i.e. text or email. You may also be asked to give your consent when you're entering any sort of competition.
When we rely on consent, you'll be asked to confirm that you're happy to provide your personal data and that you give your permission to IMVU to process your personal data. All of the details such as why IMVU want your data, how it will be used and if your data will be shared will be provided at the time of asking you for your consent. Where we are relying on consent you will usually see a tick
You have the right to withdraw your consent at any time if you no longer want to be part of the IMVU processing activity where your consent was sought.
IMVU will on occasion be under a legal obligation to obtain and disclose your personal data. Where possible, we will notify you when processing your data due to a legal obligation, however this may not always be possible. For instance, IMVU may need to provide your data in order to prevent criminal activity or help to detect criminal activity, in which case we may share information with law enforcement. This is done in a safe and secure manner. It's essential that IMVU complies with its legal, regulatory and contractual requirements, so if you object to this processing, IMVU will not be able to provide its Services to you.
Staying in Control of Your information: Your Rights
We respect the fact that your personal information is your information, and we'll make it easy for you to manage and update your personal details or marketing permissions. With respect to all of the rights listed below, please click in order to exercise your rights.
Your right to rectification
You have a right to rectify, update or complete any inaccurate personal data, pending verification of your identification. Most of this can be accomplished by going to your "Account Settings" and making any changes there. For instance, if your contact details change, or if you spot any errors in the information we hold about you, we recommend starting with your "Account Settings". If, after visiting your "Account Settings", you are still unable to rectify the information, please contact us directly here.
Your right of access
You have the right to obtain a copy of all personal data that IMVU holds about you, such as personal details, correspondence, marketing preferences, consent information, complaints, queries and payment history, generally, within a 30 day time limit and free of charge. You may limit the amount of data that you would like to obtain if you do not wish to access all of the records.
Your right to move your data (portability)
Under certain circumstances you can request that a data collector move your data to another service provider. This is not an automatic right, and because IMVU provides unique Services, it may not be able to honor your right to data portability.
Your right to object to processing
You have to right to request that IMVU stop certain data processing activities that involve processing your personal data. This isn't an automatic right, and IMVU's ability to restrict processing will depend on the type of data that for which you are making this request.
You have a right request deletion
You have a right to request that IMVU delete your personal data that it holds. This isn't an automatic right, and what IMVU is able to delete will depend on the type of data that IMVU holds about you, whether it was obtained via consent, what purpose it serves, and whether IMVU has an obligation to keep the data, among other things.
Note that unless you request deletion, and such request is determined to be appropriate, while you remain a user, we'll process and retain your data as described in this Privacy Notice in order to enable you to use the Services. Once you stop being a user, we will hold your data as described in the data retention section.
For all requests mentioned above, there is a 30 day limit to which IMVU must respond by, that may be extended in certain situations. Also, you will need to give adequate proof of your identity in order for IMVU to identify you before any data is released.
You have a right to lodge a complaint with a Supervisory Authority
If you feel that IMVU is not processing your personal data in a manner that complies with the GDPR, you have a right to lodge a complaint with the supervisory authority of your country of residence.
You have a right to withdraw your consent
For activities where you have provided consent to IMVU, you have a right to withdraw your consent at any time by clicking here. Note that where you remove consent for activities that enable the use of the Services, such as 'strictly necessary' cookies, we may not be able to offer you continued access to the Services. However, if the consent relates to activities that are not strictly necessary for a functional user experience, your withdrawal will not affect your ability to use and access the Services.
If you have any questions regarding this Privacy Notice please contact IMVU, Inc. here by clicking on the "Request Support" tab and selecting "Privacy" as a Case Category or via mail at:
PO Box 2772
Redwood City, CA 94063.