Cleverbug Privacy Policy

Last updated 25 November 2012

KPTRS Investments Limited, trading as Cleverbug registered in Ireland, CRN: 496147 ("Cleverbug", "we", "us" or "our") is committed to respecting the privacy rights and concerns of all users of our websites where this Privacy Policy is posted (the "Sites"), the Birthday Cards by Cleverbug mobile and social network app and other mobile and/or social network apps we distribute (the "Apps" and collectively with the Sites and the services made available through the Apps and the Sites, the "Cleverbug Features"). As such, we have established and implemented this Privacy Policy to inform visitors and users of the Cleverbug Features how we use and protect the information we collect through the Service. By visiting the Sites or using the Cleverbug Features, you consent to Cleverbug’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.

This Privacy Policy is effective as of the date set forth above and is only applicable to the Apps and the Sites and not to any other website or social network service (including, without limitation, www.facebook.com ("Facebook")) or any other mobile software applications that you may be able to access from, or interact with, the Cleverbug Features and which websites or applications may have their own data collection and use practices and policies.

The information we collect about you

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain aspects of the Cleverbug Features, but if you do not want to disclose certain personal information to us, you will not be able to use all aspects of the Cleverbug Features. We collect personal information when you log into the Cleverbug Features through your Facebook account or receive customer or technical support. When you are purchasing products through the Cleverbug Features, we will also ask for your credit card or other payment information. We use PCI security standards for our payment processes. Additionally, we may also collect other types of demographic information such as your occupation, gender, and entertainment and hobbies preferences information. This demographic information may be associated with your personal information. When you access the Cleverbug Features through Facebook we will have access to, and collect certain information from that profile or account. We collect photographs that you submit to the App. The information that we access from your Facebook profile is determined through the privacy settings that you have established for your Facebook profile and account. For example, we may access and store some or all of the following information from your Facebook profile depending on the privacy settings you have selected through your Facebook account: your name, gender, user ID number, birthday, user ID number of your friends, the email address you use with your Facebook account, your photos, and your physical location. We may also collect additional information regarding your hobbies, interests or "likes" that you make available through your Facebook profile and we may group that information with your personal information.

How we use your personal information

The personal information you provide to us will allow us to alert you of new products or services, features, or enhancements and handle/route your customer service questions or issues; and/or notify you of special events and offers. We also use your e-mail address and mobile phone number to send you messages about the Cleverbug Features and other general announcements. We use the information regarding your hobbies, interests or "likes" that you make available through your Facebook profile for the purpose of suggesting content to you that we believe you will find interesting. We keep track of your interactions with us, including but not limited to your activity within the Cleverbug Features. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Cleverbug Features. We may also use your personal information to contact you when necessary.

Cookies

"Cookies" are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Cleverbug Features to allow us to provide information which is targeted to your interests and to make your online experience more convenient. For example, when you return to the Cleverbug Features after logging in through your account username, cookies provide information to the Cleverbug Features so that the Cleverbug Features will remember who you are.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Cleverbug Features. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Cleverbug Features, if any, the operating system your computer uses, which Cleverbug Features you use and when and how long you use them. We use this information to monitor and analyze how users use the Cleverbug Features, to provide customer service and to maintain and improve the Cleverbug Features. Invite your friends Service If you choose to use our invitation service to tell a friend about the Cleverbug Features, we may ask you for information needed to send the invitation, such as your friend's name and email address. We will automatically send your friend an email, instant message or a notification inviting him or her to visit the Site(s) or download an App. We may, from time to time, continue to send messages to your friend as a reminder of your invitation.

Children’s Privacy

We do not knowingly collect personal information from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. Third parties access to your personal information We may use your personal information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties, such as, for example, disclosing how many users of the Cleverbug Features are between the ages of 21 and 25 and how many of those users are female or male. We may also disclose and otherwise use, on an anonymous basis, the information regarding your interests, "likes" and other non-personal information so that we may obtain new content for the Cleverbug Features. Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Use for the Cleverbug Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Cleverbug Features, or (iv) such action is appropriate to protect the rights, property or safety of Cleverbug, its employees, users of the Cleverbug Features or others.

Asset transfers

If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Cleverbug’s assets, user information, including personal information collected from you through your use of the Cleverbug Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site(s).

Service Providers

We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. While providing services for us, these companies may access your personal information or the personal information of the individuals that are to receive your photographs. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional information about third parties

This Privacy Policy does not cover the information practices of third party websites linked to the Cleverbug Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. This Privacy Policy also does not cover the information practices of the distributors of the Apps. You should refer to the privacy policies and statements of other websites and App distributors or contact the respective webmasters of those websites or administrative contacts of App Distributors to obtain information regarding their information collection, use and disclosure policies. When you have clicked on an advertisement or third party logo displayed on the Cleverbug Features which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website. The Cleverbug Features may also have message boards and forums where users can exchange ideas and communicate with one another. When you post to a message board or forum, please be aware that the information you post is made publicly available on-line and you do so at your own risk. You have the control about your personal information You may delete your personal information uninstalling the App from your devices and from your Facebook account. Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. You may also request that we delete all your previous personal information by sending an email to info@cleverbug.com. Please note that when you request to have your personal information deleted, we may retain certain personal information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your orders confirmations and your transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Cleverbug will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Delaware with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

Dispute resolution for European Union residents

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction. What security measures do we take to safeguard your personal information? The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Cleverbug employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Cleverbug Features. Cleverbug personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Cleverbug Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on this page.

Contact Cleverbug

If you have any questions about our Privacy Policy, please contact us by email at info@cleverbug.com

Terms of Service

Please read the Terms & Conditions covering the use of the Site(s) and the Cleverbug Features.