Last revised: October 15, 2014
By using any Application, the Services or the Site, you consent to the privacy practices described in this Policy. We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time. You can find the most recent version of this Policy at http://www.smugglys.com/privacy, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of this Policy whenever you access or use an Application, the Services or the Site to check if this Policy has been updated. You must review this Policy on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of all Applications, the Services and the Site. Your continued use of any Application, the Services and/or the Site following the posting of any modifications to this Policy will constitute your acceptance of the revised Policy. Should you have any questions regarding this Policy, please contact us at the contact information listed at the end of this Policy. Please note that none of our employees or agents has the authority to vary any of our Policies.
This Policy covers our collection, use and disclosure of your information through the Applications, the Services and the Site. It does not cover any collection, use or disclosure by third parties through any applications, Web sites, products or services that we do not control or own, such as Facebook, Twitter, or any third party features or services made available via an Application, the Services or the Site. All trademarks, trade names, and logos of third parties featured on the Applications or the Site belong to their respective owners.
1. WHAT KIND OF INFORMATION WE COLLECT
We collect the following types of information below through your use of the Applications, the Services and/or the Site.
Personal Information. “Personal Information” is information that identifies you or another person. Personal Information may be transmitted or received when you use an Application, the Services and/or the Site. Personal Information includes images and photos that are selected or taken by you using an Application, the Services, and/or the Site which identifies you or another person. We collect Personal Information if you provide it directly to us via email or through the Applications, the Services or the Site. We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services within which you are able to post information, if any, through the Services and/or on the Site (collectively, “Forums”).
Non-Personal Information. “Non-Personal Information” is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.
Session and Usage Data. “Session and Usage Data” is information about your use of an Application, the Services and/or the Site and includes, without limitation, connection and service-related data submitted to us through your use of an Application, the Services or the Site. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including YouTube video selections and User defined camera angles. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of an Application, the Services, or the Site.
Log Data. When you interact with us or use an Application, the Services or our Site, our systems may automatically collect your unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use (“Log Data”).
Aggregate Information. “Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Services and the Site may be collected and combined with information about how others use the Applications, the Services and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users’ needs so that we can better consider new features or otherwise tailor the Applications, the Services and the Site.
2. HOW WE USE YOUR INFORMATION
Personal Information. We use your Personal Information:
• to match faces in the Personal Information to a collection of faces in a database, as being done by one or more of the Applications.
• to send you information regarding an Application, the Services and the Site, changes to our terms, conditions, and Policies and/or other administrative information.
• to resolve problems with an Application, the Services or the Site.
• to create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs.
• to suggest that you use or take advantage of certain features within Applications or the Services.
• as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• We do not collect your YouTube Account information.
Non-Personal Information. We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the Applications, Services and the Site; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with any Personal Information.
We may display targeted advertisements based on Personal Information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.
3. HOW YOUR INFORMATION MAY BE DISCLOSED
Personal Information. The information collected is stored in our database. We may disclose your Personal Information:
• provided by you on Forums freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to visitors of the Site. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.
• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the United States or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists.
No Disclosure to Third Parties for Marketing Purposes Without Your Consent. We do not disclose your Personal Information to third parties for the third parties’ direct marketing purposes, unless you first affirmatively agree to such disclosure.
Non-Personal Information. We may disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with Personal Information.
4. THIRD-PARTY SITES
In general, the Applications, the Services and the Site access third party information (such as your Twitter or Facebook account information) through application interfaces. We may provide links to third-party Web sites, such as Facebook, as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in an Application, the Services or the Site, you may leave the Application, the Services or the Site. Some of these third party sites may be co-branded with our name/logo or our affiliated entity’s name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Services or the Site. The inclusion of a link or accessibility of third party Web sites does not imply endorsement of such third party Web site by us.
5. USERS WITH WHOM YOU SHARE YOUR INFORMATION
We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using an Application, the Services or the Site (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.
6. CHOICES ABOUT YOUR PERSONAL INFORMATION
Opting Out of Marketing-Related Communications. You may opt out from receiving marketing-related emails, texts, phone messages or other communications from us on a going-forward basis by contacting us at firstname.lastname@example.org. We will try to comply with your opt-out request as soon as reasonably practicable. Please note that if you opt out as described above, this will apply to marketing messages from us only. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages. You can also not opt-out of receiving advertisement of third-parties within the Application.
Accessing, Changing or Suppressing Your Personal Information. If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us at email@example.com. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as and to the extent reasonably practicable. Again, we cannot remove your Personal Information from the database of any other Users you have shared such information or from third parties to whom you have previously authorized us to share such information.
Smuggly Systems are very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable.
8. RETENTION PERIOD
9. INTERNATIONAL USERS
Your Personal Information may be stored and processed in any country where we have facilities, and by using an Application, the Services or the Site you consent to the transfer of your Personal Information to countries, including The Netherlands, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use any Application, the Services or the Site and immediately delete all Applications from your User Devices.
10. CALIFORNIA RESIDENTS
We do not disclose your Personal Information to third parties for the third parties’ direct marketing purposes, unless you first affirmatively agree to that disclosure. California Civil Code Section 1798.83 permits user who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. If you would like more information with respect to your privacy rights under California law, you may contact us at the contact point below. Please reference your request as “California Disclosure Information.”
11. SENSITIVE INFORMATION
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through an Application, the Services or the Site or otherwise to us.
12. CONTACTING US / REPORTING VIOLATIONS
If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the TOS or abuse of an Application, the Services or the Site, please contact us at firstname.lastname@example.org.