FLAREGUN™

PRIVACY POLICY

Last Updated: July 1, 2018

 

Welcome to the Flaregun! Flaregun Inc. (“Flaregun” or “we”) has written this Privacy Policy to help you understand how we use, collect, and share your Personal Information (as defined below) while you use the Flaregun mobile application (“Flaregun App”), the Flaregun social AR ecosystem (“AR Ecosystem”), and/or our official website located at www.flaregun.com (the “Website”). Collectively, the Flaregun App, the AR Ecosystem, and the Website are the “Flaregun Services.”

 

We may make changes to this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you by displaying a notice on the Website and in the Flaregun App.

1.     what kind of personal information do the flaregun services use?

When you use the Flaregun Services, we will use and/or collect your Account Information, Location Information, Device Information, and Communications Data (each defined below and collectively referred to as “Personal Information”).

 

Personal Information

What It Means

Account Information

The information you are required to provide to create a Flaregun account (“Account”).

Depending on the version of the Flaregun App you are currently using, you will be required to enter in your name, email address, phone number, and/or other information requested at the time you create your Account.  

Device Information

Technical information that does not personally identify you, but identifies the device (e.g. smartphone, tablet, or computer) that you are using to access the Flaregun Services (“Device”).

Device Information is automatically collected when you use the Flaregun Services, and includes, without limitation, your Device identifiers, IP address, browser information, operating system and operating system version, click path, network information, the brand and manufacturer of your Device, your Device’s language settings, the version of the Flaregun App installed on your Device, and the name of your carrier.

Location Information

Your precise location based on your GPS coordinates.

Depending on the location preferences you have set in your Device, we may use your Location Information only while you are actively using the Flaregun App, or both while you are actively using the Flaregun App and when the Flaregun App is running in the background.

Communications Data

Any information you voluntarily provide when contacting us or communicating with us.

For example, when you contact us for user support, we will collect and use your name and email address to respond to you.  Or if you sign up to our mailing list to receive periodic newsletters and other marketing communications about Flaregun and the Flaregun Services, including surveys and questionnaires and information about Flaregun updates and promotions (“Marketing Communications”), we will use your name and email address to send you Marketing Communications.

For clarity, “Communications Data” does not include phone numbers that you enter when sharing your location with others via text message. Flaregun does not collect or use these phone numbers.

2.     HOW DOES FLAREGUN USE MY PERSONAL INFORMATION?

We will use your Personal Information for the following types of purposes:

A.     To Provide the Flaregun Services.

For example, we will use your Account Information to create, personalize, and service your Account, and your Location Information to locate your Device so that you can share it with your friends and family making their location visible with your Device’s camera. 

B.      To Evaluate, Improve, and Develop the Flaregun Services.

As an online service, it is important for us to know how our users interact with the Flaregun Services so that we continually improve them. We will collect and use your Personal Information so that we can, for example:

·       Evaluate and measure the performance of the Flaregun Services.

·       Troubleshoot and correct errors and bugs occurring throughout the Flaregun Services.

·       Help develop new features or products.

C.     To Communicate with You.

More specifically, we will use your Contact Information to respond to your comments and questions, and to send you Marketing Communications if you have opt-ed in to receive them.

D.     To Protect Flaregun and our Users, and in Connection with Legal Reasons.

This includes purposes such as:

·       Enforcing our Terms of Service and exercising our legal rights.

·       Taking action against illegal activities, suspected fraud, or any other potential threat to any person.

·       Investigating and addressing any disputes or claims arising from your use of the Flaregun Services.

·       Complying with applicable laws and regulations, including responding to court orders and subpoenas.

·       Improving the safety and security of the Flaregun Services. 

3.     Do Third Parties Have access to my personal information?

We do not sell, share, or disclose your Personal Information with third parties except as provided below.

A.     Service Providers.

Like most companies, we use tools from service providers to help us with various parts of our business (“Service Providers”), and depending on the service we need, these Service Providers may have access to your Personal Information. For example, we use a Service Provider’s email software to manage subscriptions to our Marketing Communications, and if you have given us your email address to subscribe to our Marketing Communications, then your email address will be shared with that Service Provider. We also use Service Providers to help us conduct mobile analytics and for cloud storage services.

 

We contractually require all Service Providers to treat your Personal Information as confidential information and to only use it for the services we need. However, we do not have direct control over how Service Providers use your Personal Information and we cannot guarantee that our Service Providers will use your Personal Information as required in our contract with them. For this reason, we are not responsible for our Service Providers’ misuse of your Personal Information. 

B.      Business Transfers.

As we continue to develop our business, we may reorganize as a business entity, acquire entities, subsidiaries, or business units, or enter into joint ventures with third-parties. In any of these types of transactions, any information you provide may be one of the transferred business assets (subject to any pre-existing privacy notice unless you consent otherwise). In the event that all or substantially all of our assets are acquired or we merge with a third-party, your information will likely be one of the transferred assets. You understand and agree that we reserve the right to transfer any information collected from you in the case of any such transfer. In such event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.

C.     Legal.

We may disclose information you provide to respond to subpoenas, court orders, requests from authorities, and other legal process, and to establish/exercise our legal rights. We may also disclose your information to defend against legal claims when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We may share your information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

4.     How long will Flaregun Keep my Personal Information?

How long we store your Personal Information will depend on the purpose that we originally collected it. We will not retain Personal Information for longer than is necessary for our legitimate business purposes or to comply with legal requirements.

5.     Is my personal information secure?

While no security system is completely secure, Flaregun and our Service Providers take appropriate security measures to protect against unauthorized access or disclosure of the information it collects; this includes, but is not limited to, ensuring that all Personal Information is disclosed only on a “need to know” basis. Additionally, Flaregun collects all Personal Information through secured connections which are protected and encrypted by commercially reasonable industrial grade security software to guard against unauthorized access. Despite Flaregun’s efforts, you also play an important role in protecting against unauthorized access to your Account, Personal Information, password and Device. Flaregun recommends that you always log out of your Account if you leave your Device unattended and/or are using a shared computer.

6.     what choices do i have over my personal information?

A.     Unsubscribing from Marketing Communications.

If you wish to unsubscribe from receiving Marketing Communications, you can click on the “unsubscribe” link at the bottom of the email. Please allow up to 24 hours before you stop receiving Marketing Communications. Please note that if you unsubscribe from Marketing Communications, you may continue to receive emails unrelated to marketing.

B.      Accessing or Updating Your Account Information

If you would like to access or update your Account Information, you may do so by going to your Account settings in the Flaregun App. If you have provided us with your email address and would like to update your email address, then please contact us at privacy@flaregun.com.

C.     Location Information.

You can prevent your Device from sharing your Location Information at any time by updating the location preferences in your Device. However, your Location Information is core to the Flaregun App and if we can’t access your Location Information, then you will not be able to use the Flaregun App properly.

7.     third parties and their privacy policies.

Throughout the Flaregun Services, you may see links to third-party websites or applications. We are not responsible for the privacy practices of these third-party sites, so when accessing these third-party sites, we encourage you to review their privacy policies.

8.     minors.

The Flaregun Services are not directed to children under the age of 13, or if you are a resident of the European Union, to children under the age of 16 (“Children”). We do not knowingly collect information from Children and if we learn that we have received any type of information from a child, we will delete such information. Please contact us at privacy@flaregun.com if you believe we have collected information from a child.

9.     For users in the European union.

A.     Legal Basis for Processing.

Our legal basis for collecting, using, and sharing your Personal Information will depend on the purpose for which we use your Personal Information. Typically, we will rely on the following legal bases for using your Personal Information:

·       Your consent. If we rely on your consent to process your Personal Information, you have the right to withdraw your consent at any time.

·       Where our processing is in our legitimate interest or in the legitimate interest of our Service Providers. For example, processing for analytics and direct marketing purposes.

·       Where our processing is necessary to perform a contract with you. For example, to provide the Flaregun Services to you.  

B.      Your Personal Information Rights.

If you would like to exercise your rights of access, rectification, erasure, restriction of processing, data portability, and/or your right to object to the processing of your Personal Information, please contact us at privacy@flaregun.com.

C.     Transfer of Personal Information Outside of the EU.

Because we and our Service Providers are located in countries outside of the European Union, your Personal Information will be transferred to other countries that may not offer the same level of data protection as the laws of your country of residence. We rely on model contractual clauses and/or the Privacy Shield certification for such transfers.

D.     How to File Complaints.

If you believe your rights under the GDPR have been violated, you may lodge a complaint with the supervisory authority of your country of residence. For contact information for your supervisory authority, please visit here [http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm].

10.  contact us.

If you have any questions about our Privacy Policy or about our use of your Personal Information, then you may contact us at:

 

Flaregun, Inc.

Attn: Privacy Policy Issues

E-mail: privacy@flaregun.com

[Phone Number]