Last Updated: October 12, 2015
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Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: firstname.lastname@example.org; send mail to: 5901 Priestly Drive, Suite 204, Carlsbad, CA 92008; or call us at: (619) 789-0200.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: email@example.com; send mail to: 5901 Priestly Drive, Suite 204, Carlsbad, CA 92008; or call us at: (619) 789-0200. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law. Personally Identifiable Information Collected
By submitting your personal information by and through the spindy® Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers and mobile marketers (where permitted by applicable law); and (d) direct marketers.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform their functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information (including Usage Data) for customer service, to provide you with information that you may request, to customize your experience with the spindy® Offerings and/or to contact you when necessary in connection with your use of the spindy® Offerings. We may also use your personal information (including Usage Data) for internal business purposes, such as analyzing and managing our business including, without limitation, the spindy® Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the spindy® Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past Registration Data and other personal information: (i) in the event that we believe that the spindy® Offerings are being or have been used in violation of the EULA or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if spindy® is sold, merged or acquired; provided, however, that if spindy® is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the App interface of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Social Media Sites
If you engage in any Social Media Interactions regarding your usage of the spindy® Offerings, including associated Rewards received, by and through Social Media Sites, you should be aware that the personal information that you submit by and through such Social Media Sites can be read, collected and/or used by other users of these forums (depending on your privacy settings associated with such Social Media Sites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in these forums.
The Social Media Sites operate independently from spindy®, and we are not responsible for such Social Media Sites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Sites with which you interact to help you understand those Social Media Sites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Sites that you use, please refer to their applicable privacy notices or policies.
Non-Personal Information Collection and Use
Mobile Device and App Usage Information
We may collect certain non-personally identifiable information about you and your mobile device when you visit many of the pages of the App. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device, your location and your use of the App: mobile device platform type; SDK version; timestamp; API key (identifier for the App); App version; mobile device identifier; iOS Identifier for Advertising; iOS Identifier for Vendors; Media Access Control (MAC) address; International Mobile Equipment Identity (IMEI); the model type, manufacture and OS version of the mobile device; your App session start/stop time; your time zone; and network status (WiFi, etc.). We use the non-personally identifiable information that we collect to improve the design and content of the App and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze App usage, as well as to offer you products and services.
spindy® may use geolocation technology to track App Users’ locations for the sole purpose of facilitating the Merchant Search functionality and for assisting Users in locating participating Merchants in their geographical proximity.
Neither spindy®, nor any third parties, place cookies or other tracking technology in the App that tracks Users’ activities after they leave the App.
Third Party Links
The spindy® Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, Social Media Sites. spindy® is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such websites. These third-party websites have separate privacy and data collection practices and spindy® has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third party entities are independent third parties and are not affiliated with us.
spindy® provides Users with the opportunity to receive Rewards from participating Merchants. Where you indicate the desire to receive Rewards from participating Merchants during the applicable information collection process, your personally identifiable information that was provided during that spindy® information collection process may be shared with the applicable Merchants so that such Merchants may provide the applicable Rewards to you and so that you do not have to complete another information collection form to receive the applicable Reward.
To opt-out of having your information shared with third parties, please e-mail us at: firstname.lastname@example.org. To opt-out of receiving e-mail advertising, SMS text message marketing, telemarketing and/or direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or e-mail us at: email@example.com. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for spindy® Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving spindy® Offerings-related, and inquiry response-related messages from spindy®, you must cease requesting access to the spindy® Offerings and cease submitting inquiries to spindy®, as applicable.
Identifying, Deleting and/or Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove, update and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: firstname.lastname@example.org; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with SSL encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job function are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data through the App, other spindy® Offerings or otherwise via the Internet or wireless network is at your own risk. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Individuals under eighteen (18) years of age are not permitted to access and/or use the App in any way. We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted by and through, the App by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.