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App – Privacy Policy – USA

SMYLEE PRIVACY POLICY


DECEMBER 2020

Our Smylee Privacy Policy sets out Smylee’s practices (“Smylee”, “us”, “our”, or “we”) as to information we collect, manage and store about you through Smylee Services provided by Smylee Pty Ltd ACN 637 400 787. This Privacy Policy forms a part of our Terms of Service smylee.us/termsofservice. Capitalised Terms used in this Privacy Policy are defined in our Terms of Service.

  • Why does Smylee collect information about you?
    1. Smylee (and third-party service providers engaged by Smylee to provide our Service) collect information about you to allow us to provide, to promote, and to improve the Smylee Services.
    2. We will use this information to identify you and how you use our Service, to improve our Service, analyse trends, administer our Service, prevent fraud, understand how you interact with our Service, and gather demographic information to review and improve your experience on our Services, including being able to publish content you might be interested in, and to display the content according to your preferences.
  • What types of Information do we Collect about you?
    1. Personal Information We collect a wide range of information. Some information we collect identifies you as a person (“personal information”).
    2. Not personal information We also collect information that does not identify any specific person but records how people engage with Smylee Service in general.
    3. Web Analytics.We collect and use statistical information about your use of our Services to review and improve performance, to understand our market, to conduct market research and to improve our Services generally. We work with various third-party service providers to obtain and provide this analysis.
  • Types of Personal Information collected
    1. We collect information about you when you register for a Smylee Account, communicate with us, or otherwise use our service.
    2. This personal information collected will include personal details such as your contact information, your name, email address, contact numbers, mailing address, date of birth, etc. You may also provide us with your photo(s) or other content which contain personal information.
  • Smylee uses third parties to collect and manage personal information

Smylee uses third-party service providers to provide its services including Payment Gateways to process Pledge payments, Charities who receive Pledge payments, online telecommunication services to communicate with you about Smylee Services. All will collect, manage and share your Personal Information with Smylee to provide the Smylee Service.

  • How do We Collect Information about you?
    1. When you access or use our Services, we automatically collect information about how you access and use our Services.
    2. The information we collect may include your IP address, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.
    3. If you use a mobile device to access or download any of our Services, we may also collect device information (such as your mobile device ID, model, and manufacturer), operating system, and version information.
    4. Cookies & Web Tracking.
      1. We use “cookies” and similar technology to keep track of some types of information while you are using our Services.
      2. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our Service and distinguish between types of visitors and allow us to save preferences and track trends.
  • We rely on cookies for the proper operation of our Services; If your browser is set to reject or does not accept cookies, the Service will not function properly.
  1. You can usually deactivate and erase cookies on your device via your browser settings. If you choose to deactivate or remove cookies you may prevent our Services from working properly for you.
  1. Web Beacons.
    1. We use “Web beacons” and similar technologies in conjunction with cookies to further personalise our Services and to collect a limited set of information about our visitors.
    2. We may also use web beacons in email communications to better understand behaviour of our Users and visitors to our Service.
  1. Location enabled attendance

Smylee users are required to enable the location tracking functionality on their mobile phone device in order to check into their Smylee Event. Smylee uses this location information to ‘Check-in’ each guest to the event and share that the guest has arrived (Checked-in) to all other guests that are attending the same event.

Once the location enabled attendance is activated by the User the functionality will:

  1. Provide the ability for a User to Check-in to the event at least 15 minutes prior to the start of an Event time scheduled and until the end of the Check-in time agreed for the Event.
  2. Allow the GPS location functionality to verify when the User is within 10 – 50 metres of the agreed event location and automatically update the Users Check-in status to arrived.
  3. Once a User’s status has been changed to arrived, the GPS location tracking will cease for that User and any tracking data collected while it was enabled will be deleted from the Smylee database
  4. Have the location pin displayed of each User at the event location to other guests in that event. The pin will disappear once the User Check-in time has expired or the User elects to turn off/stop their location tracking functionality.
  5. Prompt the app to update the User’s reliability rating once the Check-in is successfully recorded via the location functionality.
  6. Provide the User with an option to Donate Anyway if they have successfully Checked-in during the time agreed.

When the location enabled attendance is disabled by the User the functionality will:

  1. Not work as indicated.
  2. Remove the location pin displayed on the map to other event attendees

Mobile Phone Working Order

It is the responsibility of the Smylee Event Coordinator and/or Guest(s) attending the event that their own mobile phone device is in working order to allow a Check-in to be processed. If the GPS location feature has not be activated allowing their phone to be recognised by the Smylee App, attendance cannot be verified, the Pledged Amount and any transaction fee due will be payable by that User.

Manual Check-in

The User’s attendance at the Smylee Event can also be manually confirmed by clicking on the ‘Check-in’ button as indicated within the Smylee App if they have arrived at the agreed location. Once selected, the App will request the location to be enabled to verify the User is in the agreed location or, within 10 – 50 metres of the Event Coordinator, both allowing the User to be Checked-in. The Event Coordinator or Guest will then be advised that the User has Checked-in and the location functionality will automatically be switched off by the Smylee App and all location data collected during the time it was activated will be deleted from the Smylee server.

Failure to Check-in

Failure to Check-in to a Smylee Event will automatically result in the Pledge Amount plus any transaction fee being payable and deducted from the User who failed to Check-in’s credit card.

Everyone successfully completes Check-in

Once the Smylee Event Coordinator and/or the Smylee Guest(s) have Checked-in by allowing the location tracker to identify their location, the Event status will be deemed as complete and any Pledged amount will not be deducted from the Event attending users’ card unless requested via the Donate Anyway functionality.

 

    • Promotional e-mails
      Promotional e-mail messages we send you may contain code that enables us to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked.

 

  • Personal Information we receive from others.
    1. Other Users of Smylee Services;
    2. Payment Gateways;
    3. Charities;
  • Fraud-detection and credit-reference agencies to correct our records and help prevent and detect fraud;
  • Sources that are available to the public, which we might combine with information that we collect from you directly; and
  • A family member, friend, or someone else acting on your behalf.
  • Accessing Smylee through other Social Media
    1. If you have chosen to access Smylee through a third-party provider such as Facebook, LinkedIn and other service providers that integrate with Smylee, you do not need to enter an email address or a password during the registration process.
    2. You can access Smylee’s Service with the email address and the password you use with third party or alternatively by providing the third-party provider’s login data.
  • Data Processing through app-stores
    1. Before you can install this app, you may have to enter into a user agreement with an app-store operator (e.g. Google or Apple) to access the relevant app-store. Our app is available on different app platforms (app-stores), depending on your particular operating system.
    2. To install and use our app via these app-stores, you will need to have a valid account with the relevant app-store (e.g. iTunes account) as well as a compatible device (e.g. a smartphone).
  • Smylee has no control over the collection, processing and use of personal information in this respect. If necessary, please contact the operator of the respective app-store directly for information about their processing of data.
  1. Sign in with Linkedin
    1. you can register to join the Smylee Service using your LinkedIn. If you choose to do this, we will receive the information that we need for your registration directly from LinkedIn. . In this respect, a data transfer takes place.
    2. Please be aware that we have no control over the type and amount of information that LinkedIn collects about you when you register for our Service using LinkedIn. If you do not want LinkedIn to collect information about you in relation to your use of our Service, you should not use LinkedIn to register.
  • For more information about the types of information collected by LinkedIn and how LinkedIn uses your information, as well as about your rights and our ability to protect your data, please see LinkedIn’s Privacy Policy.
  1. During registration via Facebook (“Facebook Login”)
    1. Alternatively, you can register to join the Smylee Service using your Facebook account. If you choose to do this, we will receive the information that we need for your registration directly from Facebook. Facebook will also provide us with your email address that is associated with your Facebook account. In this respect, a data transfer takes place.
    2. Please be aware that we have no control over the type and amount of information that Facebook collects about you when you register for our Service using the Facebook login. If you do not want Facebook to collect information about you in relation to your use of our Service, you should not use the Facebook login.
  • You may dissociate your account from your Facebook-ID at any time in your profile on our website. In this case, you will need to sign into Smylee directly.
  1. For more information about the types of information collected by Facebook and how Facebook will use your information, as well as about your rights and your ability to protect your data), please refer to the Facebook Privacy Policy.

 

      • How Smylee and Smylee Users contact you
        1. One of the methods we use to communicate with you in connection with Smylee’s Services may be by telephone, email, or text message. For example, when you sign up for a Smylee Event you may receive an email or text message which enables Smylee or Smylee Users to communicate with you about Smylee Events.
        2. If you would rather not be contacted by us or other Smylee Users, you may change or delete your contact details from your account preferences page(s), or ask to be removed from our contact list if you receive a call or text message from us.
        3. You may also unsubscribe from our Service at any time following prompts on our Service.
        4. Mobile Push Notifications We may send you push notifications if you choose to receive them for purposes of receiving notice of Events or other activity on our Service or for other Service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off at the device level.
      • If Information is Not Provided

If we cannot obtain or collect the personal information we request, we will not be able to provide our Service to you.

 

      • Disclosure of Your Personal Information

We may share personal information and other information that we collect with current and future organisations we work with to provide our Services, including with your consent;

  1. Third party service providers who help us perform and deliver our Services including: contractors who work with us, third party technology and business service providers, charities, payment gateways, marketing and ad serving businesses, business development advisors and service providers, hosting; information technology and security; email and marketing information delivery; advertisement partners and corporate sponsors; and credit card processors;
  2. With the appropriate authorities if we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or risk;
  3. With legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to comply with applicable laws;
  4. With necessary third parties in connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where personal information is transferred or shared as part of the business assets;
  5. With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and
  6. With persons of your choosing and at your discretion, should the Services you are subscribed to allow that functionality.
  7. To other Event attendees. To providing the Smylee Service, we will disclose your profile information to other attendees for Smylee Events you organise or accept to attend. User Content including any photos and other profile information posted by you will be available to other users of our Service.
  8. To Comply with Valid Legal Requests. You acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Smylee’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
  9. To Protect Abuse Victims. Notwithstanding any other provision of this Privacy Policy or our Terms and Conditions of Service, we reserve the right, but have no obligation, to disclose any information that you submit to the Services, if in our sole opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. For further information regarding Abuse please refer to our Anti-Discrimination and Anti-Bullying Policy and House Rules.
  10. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure.
  11. To Trusted Third Parties by Smylee. We may share your information with third parties, but not in a manner that would reveal your identity. We may share your personal information, sometimes in conjunction with non-identifying information, with service providers that may be associated with us to perform functions on our behalf.
  12. Sale of Business.As we develop our business, we may buy or sell assets and, depending on the transaction, your personal information may be one of the transferred assets. If we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your personal information is collected or used.
  13. To other Locales.We process all information, including your personal information, in cloud-based service providers with servers located in Australia. Additionally, some of our service providers may be in other jurisdictions. By using our services and expressly assenting to this privacy policy, you have consented to the transfer of your personal information solely for the purpose of providing you the services for which you have registered or to which you have subscribed. We take all reasonable steps to ensure that all overseas recipients will not hold, use, or disclose your personal information inconsistently with applicable law.

 

      • Age Restrictions
        1. You must be 16 or older to use the Smylee Service
        2. Any information we may receive from users we believe to be under the age of 16 will be removed from our Service.
        3. If you believe that we may have collected any such personal information through our Services from persons younger than 16, please notify us at info@smylee.us

 

      • Links to or Access from Other Sites
  1. You may be able to access your account or content of your account from third party Services, such as social networking sites (e.g., LinkedIn or Facebook), by way of various applications.
  2. These services will authenticate your identity and provide you with the option to share certain personal information with us such as your name and email address to pre-populate our registration form.
  3. The privacy policies and practices of such sites in connection with information you disclose on such sites may differ from the practices of Smylee as set forth in this Privacy Policy.
  4. We are not responsible for the privacy policies or practices or the content of any other Services that may provide access to, or be linked to or from, our Services, including that of any social networking sites.

 

      • Choice/Opt-Out

You may use the following options for removing your information from our e-mail database if you wish to opt out of receiving promotional emails.

  1. Click on the “unsubscribe” link on the bottom of the e-mail;
  2. Send an email to the following address letting us know which promotional e-mails you wish to opt-out of Events@smylee.us

 

      • Updating / Deleting Your Personal Information

Smylee provides users the following options to access, change, correct, update, or delete information previously submitted to us.

  1. Certain information (such as match settings, credit card, and email address updates) may be updated by logging in to your account and updating directly.
  2. Smylee requires that some personal information updates (such as date of birth changes) be processed by us for verification purposes and to protect other users. To make such personal information updates, please contact us at support@smylee.us
  3. If you update your information, we may retain a copy of the information previously supplied for legal and administrative compliance.
  4. To request deletion of your personal account information, please follow prompts on Smylee Service and/or contact us at support@smylee.us

 

      • Retention and Storage of Your Personal Information
  1. We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purpose(s) remains valid after termination of your relationship with us.
  2. Except for information required for accounting, legal, and other record-keeping purposes (including requirements from our Payment Gateway and other service providers) we will automatically delete your personal information after 24 months .
  3. Your personal information may be processed and stored outside of the country where you live by a third party service provider for the purposes set out in this Privacy Policy and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information.

 

      • Dispute Resolution

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at the address or email address listed above.

 

 

      • Contacting Us

If you have any questions about this Privacy Policy or our privacy practices, you can contact at support@smylee.us