· A 'Privacy 101' page, a concise and easy to read way to learn about privacy on the Services and the guiding principles that inform how we develop the Services and the decisions we make; and
· A set of FAQs related to privacy.
· Personal Information You Provide to Us: We receive and store any information you enter on our Services or provide to us in any other way. The types of Personal Information collected may include your name, email address, phone number, birthday, Twitter and/or Facebook usernames, location, use information regarding your use of our
Services, and browser information. We automatically receive your location when you use the Services. We use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile 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 AVA or third-party advertising or content), and
communicating with you about specials and new features. Your Services account will be associated with your email (and optionally a phone number) and this account will be used for all our Services that you use. Information you provide to one of our Services may be used with other Services you or your friends use. For example, location information we receive in connection with your use of one of our apps may be used to customize the content you and your friends see in another of our apps. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the
· Information We Receive from Third Parties: We receive and store information from third parties that interact in some way with the Services or that provide services to us in
Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone, though, as described more fully in this section below (under "Publicly Available Information, the AVA API, and Apps"), your publicly-available information is available to third parties, and we may provide it to third parties, by license or otherwise. The default user settings for all data about you that is visible to others is summarized in our Privacy FAQs, together with information on how to change the default user settings or how to generally remove information, where applicable. AVA may share your Personal Information only as described in this
· Friends and Followers:
· Followers and people you follow on AVA (version 8.0.0 and later): Followers can see your publicly available information and you can see the publicly available information of
users you follow, as described below (under "Publicly Available Information, the AVA API, and Apps").
· Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think
carefully about including any specific information you may deem private in comments, plans or tips or other content (location or otherwise) that you create in the Services.
· Businesses, Locations, Events and Brands: One of the key purposes of the Services is to help users learn about businesses, locations, events and brands (for example, a TV show, a TV personality, newspaper or a consumer good that manages a page on the Service) that are relevant to them, and for these entities to provide information about themselves, their locations and events to users, as well as to reward users when they visit their location or event through offers and specials. When you visit to a particular location that is a ‘claimed location your visits are shared with that location in order for it to better provide services to you. Additionally, brands may have access to aggregated and anonymous data, such as de-identified data about places that its followers visit (that is, not tied to individual users). For more info read the Privacy FAQs.
· Publicly Available Information, the AVA API, and Apps: When you use the Services, certain information is public, such as your public user profile information, tips, likes, saves, public photos, lists that you create and save, tastes, badges/stickers, mayorships, and lists of friends and/or followers (as applicable to a particular Service), and may be searchable by search engines and be shared with or disclosed to third parties, including through our API to a wide range of users and services. We may also share or disclose
aggregated and anonymous data, such as de-identified check-in data (that is, not tied to individual users), to third parties, including users you may follow and users of our API, for analytical or other purposes.
· Agents: We 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 do 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.
You shall not:
· create any account for anyone other than yourself without such person's permission;
· use a User Name that is the name of another person with the intent to impersonate that person;
· use a User Name or AVA account that is subject to any rights of a person other than you without appropriate authorization; or
· use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
AVA reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your AVA password. You shall never use another user's account without such other user's prior express permission. You will immediately notify AVA in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Determining your location - The Services deal with location, so in order to work, the Services need to know your location. Whenever you open and use/interact with our apps on your mobile device or go to 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 (i.e., we’ll show you a list of nearby locations, friends and tips). This information is NOT shared with others. Also, the Services use your mobile device’s ‘background location’ to provide the Services, including to send you notifications of tips/friends/plans/interesting things etc. near you. If you have ‘background location’ turned on, the AVA app will, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
Sharing Location with the AVA app (version 8.0.0 and later) - Your real-time location is not shared on the AVA app. If you write a tip, like or otherwise interact with a place, users may infer that you have been to that location. Some content, like tips, are time stamped and other users could use that information to infer when you were at a place even though tips can be posted when you aren’t at the place you are leaving a tip about. Also, if you check into a place on Swarm, AVA may show your followers that you have been to that place.
Sharing Location with the AVA app (prior to version 8.0.0) - Your location data is ONLY shared with others when you proactively decide to "check in" on the AVA app to tell the Services you’re at a particular place or, if you have turned on 'check-in by friends,' when your friend mentions you in his or her check in. The location information
shared with a "check in" is the location information of that place.
Your Check-in History - Each of your check-ins using the Services is saved to your "Check-in History," which allows you and your friends to look back at all the locations you have checked in since you created your Services account. You can delete any or all of your check-ins from the check-in details page on our website and in the apps. If for some reason you ever decide to delete your Services account, your
entire check-in history will be removed from our database.
The Services include several features that may allow you to share your information with others. For each of these and our other features, the information available to friends and others, our default user settings, and how to alter the default settings, is available in the Privacy FAQs. Please review them carefully. 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
· Our Partners: 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. In other situations, AVA provides services, or sells terms jointly with these businesses. You can easily recognize when one of these businesses is associated with your transaction, and we will share your Personal Information that is related to such transactions with that business.
· Business Transfers: If AVA or substantially all of its assets are acquired, or in the unlikely event that AVA 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 AVA 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 AVA, 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.
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our partners. If you have a Services account and do not want to receive commercial email or other mail from us, please indicate your preference by making a modification on your account settings page or through the 'settings' tab on our website once
Your AVA account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and limiting access to your computer and browser by signing off after you have finished accessing your account.
AVA endeavors to safeguard user information to ensure that user account information is kept private. However, AVA cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
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. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Sites or the Services or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
AVA complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. AVA has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view AVA’s certification, please visit http://www.export.gov/safeharbor/.
AVA allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information and ensuring that it is accurate and complete. You can access this information on the Services by visiting the user settings page (except usage information, which can be accessed in the "History" tab). This list will change as our Service changes.
· Phone number
· Email address
· Other User profile information (for example, home city, photo)
· Usage information (for example, check-in history)
If you have questions about the Personal Information we have collected from you, you can email email@example.com.
Should you ever decide to delete your Services account, you may do so by clicking on the "delete account" link on your account settings page. If you terminate your account, your profile, including your check-in history, badges/stickers you received, your User Submissions (as defined in AVA's Terms of Service) and any promotional offers you received, will be removed from the site and deleted from AVA's servers. Because of the way we maintain AVA, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media for up to ninety (90) days.
You can remove/change content or information that you have posted on the Services on your account and profile through the Services or you can ask us to remove it by writing to firstname.lastname@example.org. Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from our servers.
If you have any questions or concerns regarding privacy using the Service, please send a detailed message to: email@example.com. We will make every effort to resolve your concerns.