Last updated: August 23, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Application means the software program provided by the Company and downloaded by You or the online version You accessed and used on any electronic device, named Socialwyze
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' Personal Information and determines the purposes and means of the processing of Consumers' Personal Information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' Personal information, that does business in the State of California.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Socialwyze, Inc., 6214 Goliad AVE, Dallas, TX 75214.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: the United States
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- Organization is a company, nonprofit, government or other legal entity.
- Sale, for the purpose of the California Consumer Privacy Act (CCPA), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal information to another business or a third party for monetary or other valuable consideration.
- Service refers to the Application or the Website or both.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Socialwyze, accessible from https://www.socialwyze.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Information
Types of Data Collected
While using Our Service, We may ask You to provide Us certain Personal Information that can be used to contact or identify You. Personal Information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Audio, electronic, visual, or similar information
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, the geolocation of Your mobile device, the operating system of Your mobile device, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal Information that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:
Information regarding your location
Pictures and other information from your Device's camera and photo library
Number of hours of contracted services You provide to an Organization
How Organizations rate You after you have provided contracted services
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Us
- Functionality Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
- Tracking and Performance Cookies
- Type: Persistent Cookies
- Administered by: Third-Parties
- Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Information
The Company may use Personal Information for the following purposes:
- To provide and maintain our Service: including to monitor the usage of and to improve our Service.
- For the integrity of our Service: monitoring and confirming Your location when using the Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Information You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You: news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
Disclosure of your Personal Information
We may disclose your Personal Information in the following situations:
- With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyze the use of our Service and for them to contact You.
- For Business transfers: We may share or transfer Your Personal Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your Personal Information with Our business partners to offer You certain products, services, or promotions.
- With Organizations that refer You: We may share Your Personal Information with Organizations that referred You to the Service, so they are aware of Your activities associated with Your use of the Service.
- With Organizations for which You perform services: We share Your Personal Information with Organizations that engaged You to perform contracted services, and we have no control how those Organizations may use it, which may include public release of some or all of Your Personal Information.
- With other users: when You share Personal Information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
- For legal requirements: The Company may disclose Your Personal Information, in good faith, if necessary to comply with a legal obligation, protect and defend the rights or property of the Company, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of Users of the Service or the public, and protect against legal liability.
Retention of Your Personal Information
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Information
Your information, including Personal Information, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, Country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Security of Your Personal Information
The security of Your Personal Information is important to Us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Information, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Information
Service Providers have access to Your Personal Information only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
- Google Analytics
- Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
- For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
- Mixpanel is provided by Mixpanel Inc.
- You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
We may use Your Personal Information to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
- SendGrid is an email marketing sending service provided by Twilio, Inc.
The state of California provides their residents with certain rights concerning their Personal Information. If you are a resident of California, the following sections describe how you may exercise your rights concerning Personal Information that we collect through the Service.
Categories of Personal Information Collected, Used, and potentially Disclosed
In accordance with applicable law, we collected the following categories of Personal Information within the preceding twelve months:
- Identifiers such as your name, email address, mailing address, online identifier, IP address, or phone number;
- Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80;
- Internet or other electronic network activity information, including information on Your usage of the Service;
- Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior; and
- Commercial information, including records of products or services purchased or other purchasing histories.
We may share each of these categories of Personal Information, except for geolocation information We collect from You, with our service providers to the extent necessary for them to facilitate our business purposes as outlined above.
Your Rights under the CCPA
- The right to notice. You must be properly notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
- The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Information that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes.
- The right to say no to the sale of Personal Information. You also have the right to ask the Company not to sell Your Personal Information to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page.
- The right to know about Your Personal Information. You have the right to request and obtain from the Company information regarding the disclosure of the following:
- The categories of Personal Information collected
- The sources from which the Personal Information was collected
- The business or commercial purpose for collecting or selling the Personal Information
- Categories of third parties with whom We share Personal Information
- The specific pieces of Personal Information we collected about You
- The right to delete Personal Information. You also have the right to request the deletion of Your Personal Information that have been collected in the past 12 months.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our "Do Not Sell My Personal Information" section or web page.
The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell Personal Information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" Personal Information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- From Our "Cookie Consent" notice banner
- Or from Our "CCPA Opt-out" notice banner
- Or from Our "Do Not Sell My Personal Information" notice banner
- Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
We do not knowingly collect or solicit Personal Information directly from anyone under the age of sixteen. If you are under sixteen, please do not send any Personal Information about yourself to us through the Service or offline.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: email@example.com