By using the Services, you represent that you are 13 years of age or older and you consent to the information collection and use practices described in this policy. If you do not want Company to collect, store, use or share your information in the ways described in this Policy, you should not use Company’s Apps or Services.
Notice to EU Residents
This Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“the Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, the Privacy Shield, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the United States including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“the General Data Protection Regulation”) as of its entry into force on 25 May 2018.
Principles for Processing Personal Information
We respect your privacy and are committed to protecting your personal information in compliance with the applicable legislation. This compliance is consistent with our desire to keep you informed and to recognize and respect your privacy rights. We agree to observe the following principles when processing personal information:
- Data will be processed fairly and in accordance with applicable law.
- Data will be collected for specified, legitimate purposes and not processed further in ways incompatible with those purposes.
- Data will be relevant to and not excessive for the purposes for which they are collected and used. For example data may be rendered anonymous if deemed reasonable, feasible and appropriate, depending on the nature of the data and the risks associated with the intended uses.
- Data subjects in the EU will be asked to provide their clear and unequivocal consent for the collection, processing and transfer of their personal data.
- Data will be accurate and, where necessary kept up up-to-date. Reasonable steps will be taken to rectify or delete personal information that is inaccurate or incomplete.
- Data will be kept only as it is necessary for the purposes for which it was collected and processed. Those purposes shall be described in this Policy.
- Data will be deleted or amended following a relevant request by the concerned data subject, should such notice comply with the applicable legislation each time.
- Data will be processed in accordance with the individual’s legal rights (as described in this Policy or as provided by law).
- Appropriate technical, physical and organizational measures will be taken to prevent unauthorized access, unlawful processing and unauthorized or accidental loss, destruction or damage to data. In case of any such violation with respect to personal data, we will take appropriate steps to end the violation and determine liabilities in accordance with applicable law and will cooperate with the competent authorities.
What Personal Information Do We Collect?
Personal Information You Provide to Us: We receive and store the information you voluntarily provide to use our Services. The types of Personal Information collected may include your:
- email address;
- phone number;
- social network ID number and/or usernames;
- the social network ID number and/or usernames of your friends;
- group members’ information;
- usage information including photos, messages, or any other content uploaded into the Services; and
- general user information regarding use of our Services.
Information Collected Automatically: When you use the Services, we automatically receive and record information on our servers from your browser, mobile, and/or wearable platform, including your:
- geographic location;
- information associated with your Apple iTunes account or any other account use to download or access the Services;
- device sensor data, device and application IDs;
- software version;
- usage patterns;
- IP address;
- browser type;
- operating information;
- cookie information;
- and the page you requested.
For example, we automatically receive your location when you use the Services because your location allows us to provide key features of the Company’s Services. If you no longer wish to allow us to collect and use your location information, you should discontinue the use of the Services.
You may be able to take part in certain activities within our Services that let you communicate or share information not just with us, but also with other users. These include:
- sending private or group messages or content to other users
- chatting with other users; and/or
- sharing photos or drawings with other users.
We record and store archives of these communications, comments, photos and drawings on servers, to provide this service as well as to protect Company’s rights and property in connection with our Services and you acknowledge and agree to that.
How is my Information Used?
The Personal Information you provide and we acquire is used for such purposes as delivering the products and services you request, allowing you to set up a user ID that can be used to interact with other users through the Services, improving the content of the Services, customizing the advertising and content you and your friends see (including Company or third-party advertising or content), and communicating with you about promotions, products and features. Your Personal Information may be associated with the user name and email you provide.
Personal Information you provide to one of our Services may be used across platforms with other Services you or your friends use. For example, location information we receive in connection with your use of one of our Services may be used to customize the content you and your friends see in another one of our Services. We may also draw upon this Personal Information to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new features for the Services.
How is my Information Shared?
We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Our agents will not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information. We are not responsible for any information you provide to third parties directly.
We may disclose your Personal Information in response to a subpoena, court order or other governmental request, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of the Company, third parties, or the public at large.
How is My Location Determined and Shared?
Determining your location - Whenever you open, use or interact with our Services through the application on your mobile device or one of our sites, we use the location information from your mobile device or browser (e.g., latitude and longitude) to tailor the Services experience to your current location. The Services also use your mobile device’s background location to provide the Services, including, to send you notifications of friends, events, or other relevant information near you. If you have ‘background location’ turned on, the Services may, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
We may use various technologies to determine location, such as location services of the applicable operating system or browser, GPS, Bluetooth, i-Beacon, RFID, and sensor data from your devices, along with nearby Wi-Fi access points and cell towers, and other technologies to determine your devices' approximate location.
When using the Services, your location data, shown by graphic points on a map, distance and direction proximity, or other graphic or text method, is shared with all members of any active group you join via the Services and is updated in real time using your background location. You can turn off location sharing in your device in which case your location will only be shared when you proactively decide to tell the Services that you are at a particular place.
The Services include several features that may allow you to share your information with others. Please remember that if you choose to provide personal information using certain features of the Services, that information may be available to the wider Services community, or may be published on our Sites, which is subject to indexing by third party search engines such as Google.
You should only share your location with people you know and trust not to convey your location to others. You should also note that personal information you share with others may be forwarded, and any information you post to public areas of the Site may become publicly available. For example, information you post on any interactive areas or other information that is provided for the purpose of being shared may be made publicly available and can potentially be viewed by anyone. Your posting to such public areas of the Site constitutes your consent to share such information publicly.
If you do not wish for the Services to track your App Location Information, you should turn off the Location Information tracking feature in the App settings menu. If you turn off the App Location Information feature, some features of the Services cannot be provided without using this standard technology.
How is Information Shared with Other Parties?
Our Partners and Corporate Affiliates: In addition to the data sharing described above, we enter into relationships with a variety of businesses and work closely with them. In certain situations, these businesses provide services to you, sell items, or provide promotions to you through the Services. We may share your Personal Information that is related to such transactions with that business.
Business Transfers: If Company or substantially all of its assets are acquired, or in the unlikely event that Company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
Protection of Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations (including outside of your country of residence) for fraud protection and credit risk reduction.
Your name and email are not publicly available to other users or the public through our website. Other users only see the name you provide through the Company’s App when you join a group with them. Your phone number is never shared by us, although the Company’s App facilitates the sharing of invitations through text messages which can include multiple phone numbers in the senders Contact list. Only someone who has your phone number in his or her Contacts can share your number. Be careful who you give your phone number to as they can always share it with other people, regardless of the Company’s App. We are not responsible for any sharing of your phone number by other people, and we do not save your phone number in our Services as part of your Personal Information.
To change your personally identifiable information, specifically your name or email address, you may do so through our Apps by going to Settings>User Name, changing the information and tapping “Connect.” This identifying information is not an account, nor is it accessible to other users (except in the event that you join a group with them, in which case they can see your user name, but not your email address). We need your name to customize your experience with our Services, and we retain your email address to communicate product and promotional messages with you.
What Email Communications Will I Receive?
If you provide us with your contact details as part of your use of the Services, you will have the opportunity to “opt in” to our email communications and we may send you news and product updates relating to our Services. You may "opt out" of receiving marketing or promotional email from us by using the unsubscribe links within communications we send or emailing us at firstname.lastname@example.org.
What about Cookies and Similar Technologies?
We and our agents use technologies like cookies, pixels, and local storage (on your browser or device, which is similar to a cookie but holds more information) on our website, in our emails, and identifiers supplied by application platform companies within our applications to provide you with a range of products and services, to improve and learn about user behavior on the Services, and to gather demographic information about our user base as a whole. Company may use this information in our marketing and advertising services.
Is Personal Information about Me Secure
While we take reasonable precautions against possible security breaches of our Services, customer databases, and records, no website, application or Internet transmission is completely secure. Although we strive to protect your personal information, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission and use is at your own risk. If you have questions about the security of our Services, please contact us at email@example.com.
The Company is not obligated or responsible for maintaining the digital integrity of your personal information, any usage information that is captured automatically by the Company’s App, or other information uploaded/shared by you. You understand and acknowledge that any electronically stored and transmitted data may be deleted, corrupted, or otherwise rendered inaccurate, unusable, or inaccessible (i.e. digital integrity).
Where is My Information Stored and Processed?
If you are located outside of the United States, please note that this site is hosted on our computer servers in the United States. Therefore, your information may be processed and stored in the United States.
Company collects, uses and discloses your Personal Information as outlined in this Policy and with your consent, except where permitted or required otherwise by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to collect a debt owed to us or if there is an imminent threat to an individual’s health, safety, or well-being.
Your consent may be express (for example, oral, written, or electronic) or your consent may be reasonably inferred or implied from something that you do. In some instances, an authorized representative may consent on your behalf. In the case of minor children, a parent or legal guardian may consent to our collection, use and disclosure of a minor’s Personal Information.
You may withdraw your consent at any time, subject to legal or contractual restraints. However, your withdrawal of consent might affect your experience and Company’s ability to provide products or services to you, or quick and accurate service to you either on-line or through our service agents.
If you do not consent to the collection, use and disclosure of your Personal Information online as described in this Policy, do not use our websites.
The Sites are not directed to children under the age of 13 and Company does not intentionally collect any information from or about children under the age of 13. If you believe a child has provided us with information, contact us at firstname.lastname@example.org.
EU-US Privacy Shield
If you are providing your information from the European Union, we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the EU to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov. Our participation in the Privacy Shield applies to all personal information that is received from the European Union and European Economic Area.
We remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process personal information on our behalf do so in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Company commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: email@example.com.
We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the JAMS or visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of the JAMS are provided at no cost to you.
For complaints left unresolved by all other available mechanisms, you may invoke binding arbitration with the Privacy Shield Panel, which consists of a pool of 20 arbitrators designated by the Department of Commerce and the European Commission, from which the parties will be able to select either one or three arbitrators.
Company is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
You have the right to be provided with information as to the nature of the personal information stored or processed about you by Company and may request deletion or amendments.
You may email firstname.lastname@example.org to review, update, and revise your personal information.
If access is denied, you have the right to be informed about the reasons for denial. You may resort to the dispute resolution described in this policy as well as in any competent regulatory body or authority. Company shall handle in a transparent and timely manner any type of internal dispute resolution procedure about personal information.
If any information is inaccurate or incomplete, you may request that the data be amended. It is your responsibility to provide use with accurate personal information about yourself and to inform us of any changes. (e.g. new home address or change of name).
If you demonstrate that the purpose for which the data is being processed in no longer legal or appropriate, the data will be deleted, unless the applicable law requires otherwise. You also have the right to request the deletion of your personal data for any reason by emailing email@example.com.
Additional Enforcement Rights and Mechanisms
If at any time, you believe that your personal information has been processed in violation of this Policy, you may report the concern to the competent Company official. In particular, if you have any inquires or complaints about the use or limitation of use of your personal information, you may contact our corporate headquarters:
299 Milwaukee Street, Suite 202, Denver, CO, 80206
or email us at firstname.lastname@example.org.
California Privacy Rights
If you are a California resident, you have the right to request information from us regarding the manner in which Company shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
1. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
2. the names and addresses of the third parties that received the information; and
3. if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: email@example.com.
Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
Obligations to Data Protection Authorities
We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
If you have questions about the Personal Information we have collected from you, you can email firstname.lastname@example.org or contact us at 299 Milwaukee Street, Suite 202, Denver, CO, 80206.
This document was last updated on 06/21/18