In order for us to (i) provide you with the services and functionalities offered via the Service Platform, (ii) engage in troubleshooting activities, and (iii) improve upon the Service Platform’s performance, safety and security, we may collect and process some or all of the following types of information about you:
Personal Information. Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, including, without limitation, information you provide us when you create an Account such as your name, age, date of birth, gender, address, email address, telephone number, photograph, and username/password, as well as certain User Content you upload to, or post on, the Service Platform, including, without limitation, UGC (“Personal Information”). As stated in our Terms of Service, while we do not actively monitor the interactions between Users of the Service Platform and are under no obligation to do so, we may in certain cases collect information related to your interactions with other Users of the Service Platform, including, without limitation, comments you make, and other User Content that that you upload to, or post on, the Service Platform that becomes publicly available to other Users.
Usage Information. Information that is not Personal Information, but that relates to your usage of the Service Platform or that is necessary for the proper functioning or improvement of the Service Platform, including: (i) times and dates and the extent of your usage of the Service Platform; (ii) time zone, language, screen resolution, and other usage preferences you select when using the Service Platform; (iii) device keyboard settings; (iv) the User Accounts and/or User Content you view, like, comment on, share, follow, message, add memes to, and otherwise interact with, as well as the foregoing that other Users do with respect to your Account and/or User Content; (v) usage history such as areas and pages within the Service Platform that you access or use and/or which buttons in the Service Platform you click on; (vi) search terms you type in on the Service Platform; (vii) the URL or advertisement that may have referred you to the Service Platform; (viii) the search terms you entered into a search engine or app store that may have led you to the Service Platform; (viii) the mobile platform or service provider you use, and (ix) other device and Service Platform access information such as your browser type, operating system, IP address, referring/exit pages, and other unique device identifiers, as well as your push notification token.
Behavioral Information. Your contact or subscriber information, which we link with your activity on the Service Platform across all your devices using your email as well as engagement scores (“likes”, comments, repeated views), related Users based on your Service Platform behavior, and opt-ins and communication preferences.
Location Data. Information about your location when accessing and/or using the Service Platform, if you chose to opt-in. With your permission, we may collect Global Positioning System (GPS) data and mobile device location information. If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device. You can also tag your location in connection with certain UGC that you create via the Service Platform. If you do not want to share your location with others, do not tag your location in any UGC.
Metadata. When you upload User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the applicable viewer. In connection with your User Content, the metadata can describe how, when and by whom the piece of User Content was collected and how that User Content is formatted. It further includes certain Personal Information, such as your account name, that enables other Users to trace back the User Content to your Account. Metadata will further consist of additional Personal Information that you chose to provide (e.g., any hashtags used to mark keywords to the User Content).
Third Party Information. Information about you that we may receive from third parties. For example, we may supplement certain information that we collect from you with outside records, or third parties may provide us with information about you in connection with a co-marketing agreement.
Customer Support. We collect information that you provide to us, including any Personal Information, when you contact us for customer-support purposes.
While certain types of information described above, such as Usage Information and Third-Party Information, are generally non-identifying on a standalone basis, we may in certain instances combine this information with other information collected on the Service Platform, as described above. If we ever combine non-identifying information with Personal Information or other information that enables you to be identified, we will treat such combined information as Personal Information. We do not currently use your Personal Information for automated decision making which produces legal effects concerning you or similarly significantly affects you.
European Union data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Areas (“EEA”). Our lawful basis for collecting such information about you is permitted under Article 6, Sections 1(a), 1(b), 1(c) and 1(f) of the EU general data protection regulation 2016/679 (“GDPR”), which are summarized below.
Consent: In certain cases, you have affirmatively provided us with your consent to collect your Personal Information for a specific purpose, such as providing your email address when you create your Account, or making certain User Content publicly available on the Service Platform.
Contract: We may need your Personal Information to comply with our contractual obligation to deliver the Service Platform, such as fulfilling any future subscription based, or other transactional, services.
Legal Obligations: Sometimes the law requires us to collect and use your Personal Information, such as applicable tax laws that may require us to retain records of payments made through the Service Platforms.
Legitimate Interests: This is a technical term that means we have a good and fair reason to use your Personal Information and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we (i) use identity, device, and location information to prevent abuse of the Service Platform by Users and to keep the Service Platform secure, (ii) may also send you promotional communications about our Service Platform and services subject to your right to opt-out, and (iii) analyze how Users interact with our Service Platform or other Users (although we are not obligated to do so) so we can understand better what elements do or do not work well, what services/functionalities may be necessary or desirable to provide you with the best User experience on the Service Platform, and to ensure the safety and security of the Service Platform, which allows us to improve and develop the quality of the online experience we offer all our Users.
Please note that we are not responsible for the content and the data collection on respective third-party websites or apps and that we neither control the extent of Personal Information collected by the respective plug-in provider nor do we know the purpose for processing or the period your Personal Information will be retained. For further information as to how and for what purpose 3rd party providers process your data, please see the relevant privacy policies of these social network providers, and their notification when you connect to the social network in question. We recommend that you check and review the relevant privacy policies of any additional social network provides that we may add plug-ins for in the future.
We may use the information we collect about/from you to:
We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud or other criminal activity.
You may choose to stop receiving these email communications from us by following the instructions included in such communications or by contacting us at firstname.lastname@example.org. If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party. If you are having problems unsubscribing please contact us at email@example.com (forwarding the newsletter, if applicable, and including in the Subject line the word “Unsubscribe”), and you will be removed within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.
Information that May be Publicly Accessible
As described in more detail in Conqr’s Terms of Service, certain Personal Information that you upload to the Service Platform (such as certain Account profile information), certain User Content (such as UGC you upload to and make public on the Service Platform, or comments that you post to the Service Platform), and certain Service Platform usage information (such as User Content you “like”), will automatically, or upon your selection, be made publicly available to other Users on the Service Platform. You acknowledge and agree that certain Account information (such as your Account profile name, picture, and/or User Content, etc.) that you provide in connection with (i) the registration of your Account and (ii) your general use of the Service Platform, such as uploading User Content, will be publicly viewable by all Users of the Service Platform. We are not responsible for the privacy practices of the other Users who will view and use this information, so you should carefully consider whether to upload any User Content on the Service Platform or how you identify yourself on the Service Platform. You should not disclose your home address or the address of your place of business, or other locations you frequent on a regular basis in any User Content.
Information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Service Platform, you expressly consent to any such transfer and storage of information outside of your country of residence, where data protection laws may be different and/or less stringent. However, we will endeavor to take reasonable measures to keep up an adequate level of data protection also when sharing your Personal Information with such countries.
With respect to any Personal Information that may be originally collected and stored in the EEA, if and when we transfer your Personal Information to countries outside the EEA, we will do so under the Commission’s model contracts for the transfer of Personal Information to third countries (i.e., standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of our Data Processing Addendum click here (link) or contact us at firstname.lastname@example.org.
A more detailed list of the cookies we currently, or in the future may, use and how we use, or may use, them are as follows:
Our Service Platform may contain cookies to compile aggregated statistics to analyze how the Service Platform is used.
We use third parties to gather information about how you and others use the Service Platform. For example, we will know how many Users access a specific page and which User Content they clicked on. We use this aggregated information to understand and optimize how the Service Platform is used.
The Service Platform may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by Conqr of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit Information to any of those Third Party Sites, your visit and Information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement. Company makes no representations or warranties with respect to, nor is Company responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Service Platform, you do so at your own risk.
In certain circumstances you have the right to access the Personal Information that we collect/hold about you and to correct, update, or request deletion of your Personal Information. Prior to the fulfilment of your request concerning your Personal Information, we will ask you to verify your identity before we can act upon your request.
You have the following rights:
As far as we process your Personal Information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit (http://www.allaboutdnt.com).
If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately. If you have any questions about security on our Service Platform, you can contact us at email@example.com .
Our Service Platform is not directed to children under the age thirteen (13), and we do not knowingly collect, use, or disclose Personal Information from (i) children under the age of thirteen (13) or (ii) children between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child’s primary residence) that do not have parental or legal guardian consent to use the Service Platform.
If we ever discover that we have inadvertently collected Personal Information from children under the age of thirteen (13) on or through the Service Platform, we will delete it from our records as soon as possible.
If you believe that we have Personal Information about, or have collected Personal Information from, (i) a child under 13, or (ii) between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child’s primary residence) without parental/legal guardian consent, or that such a person is using the Service Platform, please see Section 13 of the Terms of Service for available remedies, including how to contact us to report this.
We may offer sweepstakes, contests, and other promotions through the Service Platform (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
What Information We Collect
As also detailed in the “Information We Collect and Receive” section above, through the Service Service Platform we collect certain Personal Information, including such information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California-resident User or his or her device. In particular, the Service Service Platform, has collected the following categories of Personal Information within the last twelve (12) months: [EXHIBIT 1A]
Personal Information does not include:
How We Use Personal Information
We collect Personal Information for the business and commercial purposes described in the “Use of Information We Collect” section above.
We share Personal Information with the categories of third parties described in the “Sharing Your Information” section above. We do not sell (as such term is defined in the CCPA) Personal Information we collect (and will not sell it without providing a right to opt out).
Please note that we do use third-party cookies for certain purposes as further described in the “Cookies and Other Tracking Technologies” section above.
California Residents’ Rights and Choices with Respect to Personal Information
Subject to certain limitations, the CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights, which specifically includes:
Access to Specific Information and Data Portability Rights
You have the right to request that Company disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights subsection below), we will disclose to you:
Deletion Request Rights
You have the right to request that the Company delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights subsection below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at firstname.lastname@example.org .
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an Account with us. However, we do consider requests made through your password protected Account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
Company endeavors to respond to a verifiable California residents request within forty-five (45) days of its receipt. If Company requires more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Personal Information Sales Opt-Out and Opt-In Rights
We will not sell your Personal Information to any party. If in the future, we anticipate selling your Personal Information to any party, we will provide you with the opt-out and opt-in rights required by the CCPA.
Company will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Company will not:
EXHIBIT A1 - What Information We Collect
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics,or activity patterns used to extract a template or other individual’s identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|