Last Updated: April 8, 2015
HOW DO WE COLLECT AND USE INFORMATION?
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account (defined below), if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
To use the Services you’ll have to create an account (“Account”). When you create an Account we’ll collect certain information that can be used to identify you, such as your name, email address, and phone number (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because it cannot be used by itself to identify you, such as your interests and organization. You can create an Account via the App or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”), if and when such functionality is available. If you choose to create an Account through one of your SNS Accounts, you may have to provide us with your username (or userID) so that your identity can be authenticated by the SNS Account. When the authentication is complete, we’ll be able to link your Account with the SNS Account and access certain PII, such as your name and email address, and other PII that your privacy settings on the SNS Account permit us to access, in connection with creating your Account. We don’t receive or store passwords for any of your SNS Accounts.
We may use your PII (e.g., email address) to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the Opt-Out procedure described in this policy below.
In addition, our Services may request access to your contacts in order to populate your list of contacts that also use the Service and enable you to invite more friends to join. We do not collect this information unless you authorize it via the Services. We do not store or use your contacts for any purpose other than administering the Services for you.
INFORMATION COLLECTED USING COOKIES
INFORMATION RELATED TO USE OF THE SERVICES
Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, frequency with which the Services are used by a User, search terms, the links on our Services that a User clicked on, and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.
When you use our App we may collect and store information about where you are located, such as by converting your IP address into a rough geolocation and utilizing your mobile phone number to approximate rough geolocation information (based on area code). We may use location information to improve and personalize our Services for you and to enable chat functions with those in your approximate geolocation as described below under “Discover Other Account Holders”.
WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
We will not share any PII that we have collected from you except as described below:
INFORMATION SHARED WITH OTHER ACCOUNT HOLDERS
As part of our Services, Account holders may communicate with other Account holders through the use of our direct messaging functionality and when this happens your identity may, if you choose, be available to those other Account holders. In addition, the content of your communications will be visible and available to those other Account holders. By default, our Service scrambles messages until you decide to read them and then deletes the messages (unless the sender selects an option to retain the message). We encourage you to use your good judgment for such communications and not post any private or sensitive information. Other information about you, such as your name or PIN may be viewable by other Account holders and users of the Service â€“ this will depend on how you set your privacy settings via the Service.
DISCOVER OTHER ACCOUNT HOLDERS
You may be asked via the App if you would like to discover, chat and/or connect with other Account holders who may be unknown to you â€“ either (i) in reasonably close proximity to you, (ii) in the country which is associated with your account and your telephone number or (iii) elsewhere in the world. If you indicate to us that you would like to discover, chat and/or connect with other Account holders by an affirmative action (e.g. selecting a “Yes I would like to connect with other users” button), then your name and Account profile image will be made available via that feature of the App to other Account holders and other Account holders may communicate with you via the App.
You may also decide that you want to join a conversation with other Account holders who share similar interests to yours â€“ via the Frankly group features and functionality. If you decide to join a Frankly group, then your name and Account profile image will be made available to other members of that Frankly group and you will be able to communicate with other members of the group.
As noted above, when you communicate with other Account holders via the App, the content of your communications will be visible and available to those other Account holders, so we encourage you to use your good judgment for such communications and not post any private or sensitive information.
INFORMATION SHARED WITH OUR SERVICES PROVIDERS
We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
INFORMATION SHARED WITH THIRD PARTIES
We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
INFORMATION DISCLOSED IN CONNECTION WITH BUSINESS TRANSACTIONS
Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS
It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.
INFORMATION WE DISCLOSE WITH YOUR CONSENT OR AT YOUR REQUEST
We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.
THE SECURITY OF YOUR INFORMATION
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
LINKS TO OTHER SITES
MESSAGING VIA YOUR ACCOUNT
As noted above, as part of our Services, Account holders may communicate with other Account holders through the use of our direct messaging functionality. If you choose to link your Account with an SNS Account we may, at your option, and depending on our ability to access your SNS Account, access your personal contacts on such SNS Account in order to create a list of potential contacts through our App. As an Account holder, you will be able to message other Account holders individually as well as engage in group chats with multiple Account holders, and may do so anonymously if you choose. For anonymous chats, the transcript of the chat can’t be saved or shared and although chat participants will know the names and identities of the other chat participants, nobody will be able to associate a particular statement with a particular chat participant. In addition to sending and receiving text messages, you will also be able to send and receive media files via our Services’ functionality. Through the App, Account holders can also invite non-Account holders and non-App users to try the Services. When an Account holder invites someone to try the Services, the Account holder may send an SMS or have an automated email sent to the invitee indicating that a particular Account holder has invited such invitee to try the Services and this SMS or email will include a link to the appropriate app store or distribution platform where the App is made available.
MODIFYING YOUR INFORMATION
You can access and modify the PII about you associated with your Account through the profile page in your Account. If you want us to delete your PII and your Account, please contact us at email@example.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
If you do not wish to receive promotional emails, newsletter notifications, or other communications from us, please follow the unsubscribe instructions provided in any of the communications. If you no longer want to be included in a Frankly group or the “Discover Other Account Holders” features of our Services, you can opt-out via the App or by sending an email to us at firstname.lastname@example.org and we will use commercially reasonable efforts to disable these features as soon as possible.
OUR POLICY TOWARD CHILDREN
Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.
FRANKLY CO. COPYRIGHT POLICY
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on or through the Service(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Frankly Co.’s Designated Copyright Agent:
- Copyright Agent
- c/o Frankly Co.
- 333 Bryant Street, Suite 240
- San Francisco, CA 94107
- Tel: (415) 861-9797
- Fax: (650) 362-1887
- Email: IP@franklyinc.com