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Privacy Policy

Terms of Service | Privacy Policy | Copyright

Last modified on April 15, 2014

Heyzap understands that privacy is important. This Privacy Policy applies to any and all products, services, applications, Applications, websites, or other affiliated ventures operated by Smart Balloon, Inc. Throughout this Policy, “Heyzap” and “We” refers to Smart Balloon, Inc. and its affiliates. “You” or “Users” refers to you, our users - everyone who uses, subscribes to, publishes through, advertises through, joins, or visits Heyzap. The “Heyzap Application” refers to the applications, Application, web site and services controlled, operated or produced by Smart Balloon, Inc.

By using the Heyzap Application, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the Heyzap Application Terms of Use. Your use of the Heyzap Application and any personal information you provide through the Heyzap Application are subject at all times to this Privacy Policy and the Terms of Use. This policy explains how information is collected and used by Heyzap.

TABLE OF CONTENTS

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  1. The Information Heyzap Collects

  2. The Way Heyzap Uses Information

  3. When Heyzap Discloses Information

  4. Your Choices

  5. Advertisers

  6. Advertisers and COPPA

  7. Data Security

  8. Children‘s Privacy

  9. International Visitors

  10. In the Event of Merger or Sale

  11. Third Parties

  12. Changes and Updates to this Privacy Policy

  13. Heyzap Contact Information

1. The Information Heyzap Collects:

Information You Provide: You may provide to Heyzap personal information (such as your name, email address, and/or other persistent identifier such as a commonly used username, age, zip code, credit card number, postal mailing address, and telephone numbers) if you use the Heyzap Application.

“Automatically Collected” Information: When you access the Heyzap Application (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), geolocation, MAC Address, a unique device or advertiser ID, version of software installed, system type, your listening preferences, the content and pages that you access on the Heyzap Application, and the dates and times that you visit the Heyzap Application.

“Cookies” Information: When you access the Heyzap Application, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer or mobile device. Heyzap may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Heyzap Application. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.

Your User ID. Your User ID is displayed throughout the Heyzap Application and is therefore available to the public. Other people can see your activity, feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the Heyzap Application.

2. The Way Heyzap Uses Information:

Heyzap uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Heyzap Application as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.

We may use your email address or other provided contact (e.g. mobile number), without further consent, for administrative communications such as notifying you of major Heyzap Application updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted and to send privacy or security related notices.

Heyzap uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Heyzap Application works and looks, to create new features and functionality.

Heyzap may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the Heyzap application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Heyzap Application; (c) provide customized third-party advertisements, content and information; (d) monitor and report on the effectiveness of third-party marketing campaigns; (e) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (f) provide such metrics to Users as they pertain to such User‘s uploaded content; and (g) track your entries, submissions, and status in any promotions or other activities.

3. When Heyzap Discloses Information:

Please be aware that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the Heyzap Application - such as when you publish contact information to complete your profile information - becomes publicly available and may be collected and used by others without restriction.

Heyzap may disclose Automatically Collected and other aggregate non- personally-identifiable information (such as IP addresses, anonymous User usage data, listening preferences, referring / exit pages and URLs, Application types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the Heyzap Application.

We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Heyzap in improving the Heyzap Application and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

Heyzap may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

Heyzap also reserves the right to disclose User information including messages, comments, bios, and more that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect Heyzap from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Heyzap Application; or to protect the rights, property, or personal safety of Heyzap, our Users, or others.

4. Your Choices and Access to your Personal Information

You may, of course, decline to share your personally-identifiable information with Heyzap, in which case Heyzap will not be able to provide to you some of the features and functionality found on the Heyzap Application. You may view, update, correct, or delete your user information and preferences by contacting us at privacy@heyzap.com

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5. Advertisers

Heyzap allows other companies, called advertisers, third-party ad servers or ad networks, referred to herein as “Advertisers,” to serve advertisements within the Heyzap Application. Heyzap may use technology to send, directly to mobile devices, the advertisements that appear within the Heyzap Ad Network and Application and will receive automatically collected information when this happens. Heyzap may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of advertisements and to personalize advertising content. Please note that if an advertiser asks Heyzap to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the Advertiser may conclude that you fit the description of the audience that they were trying to reach.

While we encourage our advertisers to respect your privacy and the law, we take no responsibility for the services and advertisements provided by our advertisers. You should consult the respective privacy policies of these third-party Advertisers. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers. Heyzap reserves the right to add or remove Advertisers at its discretion and Heyzap may not at all times list such updated ad network partners in this Privacy Policy.

6. Advertisers and COPPA

Heyzap will not knowingly target any advertisements to children under the age of 13. Heyzap will not knowingly collect information about children under the age of 13, and if we become aware of the collection of such knowledge, will purge that information from our systems immediately.

By using the Heyzap Software Development Kit (“Heyzap SDK”), advertisers are agreeing not to use our services to provide advertisements to children under 13 and are ensuring their own compliance to COPPA standards. The Heyzap SDK is not to be used in any child-directed applications. If an advertiser becomes aware that their application has come into conflict with COPPA, the advertiser is required to report this to Heyzap immediately. We rely on our advertisers to report any conflicts to us and do not maintain an aggressive enforcement program regarding our advertisers. If, however, you feel that any advertisers are not in compliance with COPPA or other regulations, we encourage you to contact us.

7. Our Commitment to Data Security:

Heyzap uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Heyzap, and you do so at your own risk. Once we receive your transmission of information, Heyzap makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Heyzap learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Heyzap may post a notice on the Heyzap Application if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@Heyzap.com.

8. Our Commitment to Children‘s Privacy:

Protecting the privacy of children is especially important. For that reason, Heyzap does not allow users under 13 years of age to access the Heyzap Application nor does Heyzap knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. Heyzap requires that partners confirm their audience does not target, in whole or in part, users under the age of the 13. If Heyzap learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Heyzap Application, then Heyzap will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become Heyzap Application member, then please contact Heyzap at privacy@Heyzap.com to have that child‘s account terminated and information deleted.

9. International Visitors:

For Users visiting the Heyzap Application from the European Union or other non-U.S. territories, please note that any data you enter into the Heyzap Application will be transferred outside the European Union or such other non-U.S. territory for use by Heyzap and its affiliates for any of the purposes described herein. In addition, because Heyzap operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Heyzap Application, you hereby expressly consent to such transfers of your data to the United States or other countries.

10. In the Event of Merger or Sale:

In the event that Heyzap is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

11. Third Parties

Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Heyzap, whether they are users of the Heyzap Application or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. Heyzap does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

12. Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last modified” date above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the Heyzap Application constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

13. Heyzap Contact Information:

Please contact Heyzap with any questions or comments about this Privacy Policy, to obtain access to your personal information, and our third-party disclosure practices or your consent choices at: 251 Kearny St. 3rd Floor, San Francisco, CA 94108 or by email: privacy@Heyzap.com. We will respond to your inquiry within 30 days of its receipt.