Phizzle, Inc. (“Phizzle” or “we”) is a leading provider of mobile technology products and services and operates this digital property, as well as other websites, applications, products and services that are part of the Phizzle portfolio of digital properties (the “Phizzle Network”). We operate some of the websites and applications within the Phizzle Network on behalf of third parties as well as our Partners (“Partners”), whose brands appear on the applicable digital property.

This privacy policy (“Privacy Policy”) explains our privacy practices as they pertain to the collection, use and sharing of personal information gathered by Phizzle at our corporate website located at www.phizzle.com (the “Phizzle Website”) as well as on this digital property and the services made available through this property  (together, the “Phizzle Services” or the “Services”).

Please note that if you access the portal on the Phizzle Website pursuant to a separate agreement that you or your employer have with Phizzle, any of the information you provide will not be covered by this Privacy Policy but will instead be governed by such agreement. If you have any questions about this privacy policy, please feel free to contact us at info@phizzle.com.

We value the trust you place in us not only to provide the Phizzle Services but also to store and process your personal information and the personal information of the contacts in your network in a trustworthy manner. “Personal Information” or “PII” means information about you that is personally identifiable to you, like your contact information, and other non-public information that is associated with such information.

INFORMATION COLLECTED

Phizzle collects information about you when you first activate the Service and as you continue to use the Services.

Personal Information

When you communicate with us by sending us an email, we may collect and store any information that is contained in your communications with us. We may collect, process and store Personal Information when you knowingly provide it to us, including in the following ways:

  • contact information such as your personal and business information (like your photo, name, address, mobile phone number, email address)
  • demographic information, hobbies and interests
  • your user name and password

There are some types of information that we collect only with your express consent.  In order to provide the best user experience or provide certain Services, we may ask to access your current location. The Service may collect your location information from a number of sources: from the GPS in your wireless device, from your mobile carrier’s network, from a WiFi access point, or from a combination of some or all of the above. As we associate this information with you, we consider it to be Personal Information. However, we only use your most recent location and do not store a history of your various locations over time (though we will have a history of the content and promotions delivered to you). If you want to deactivate this feature, you can disable location services on your mobile device, but we may not be able to provide you certain of our services that are reliant on precise location information.  Please contact your carrier for more information about how to disable location services.  In addition to precise location data, in order to receive the benefit of certain Services, we may ask that you allow the Services to import and store your contacts from your smart phone. We use this information, in part, to provide you certain services, including to better understand your relationships and interests for the purpose of customizing the content and advertising materials that you see through the Services.

In addition to the information that we collect from you when you knowingly provide it, we may also collect your unique device identification number, commonly known as a UDID, and receive information about you from third parties, including our Partners.  We may find it useful to combine this information with the Personal Information we already have about you, and reserve the right to do so.

Non-Personally Identifiable Information

We also collect Non-Personal Information (“Non-PII”) in connection with the Services. Non-PII is information that cannot by itself be used to identify or locate a particular person or entity. The Non-PII we collect automatically includes the type of wireless device you use to access the Services, the name of your wireless carrier and other information passively collected and stored, such as your Internet protocol address, domain names, browser type, and access times. And we also keep track of the way you interact with the Services, including the date and time you use the Services, your responses to marketing messages you receive via the Services, and the content and advertisements you viewed while using the Services. We use this information to, among other things, measure the effectiveness of our marketing campaigns and to help us deliver personalized and relevant content and promotions to you via the Services.

We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. “Cookies” are small pieces of information that a website sends to your browser while you are viewing a website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your browser until you delete them) to improve your experience with the Services (e.g., by keeping you logged in).  Persistent Cookies can be removed by following your Internet browser help file directions.  If you choose to disable Cookies, you may be logged out of the Services each time you view a page.

We may also use Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable.

Disclosure – Usage of Third Party Cookies

We may use third party tracking services to track and analyze Non-PII on users of our Services, including the Phizzle Website. Such third parties may use Cookies to help track user behavior.

Our Relationship with Social Networking Services

We have created interfaces that allow you to connect with social networking services such as Facebook and Twitter (“SNS”) through our Services. We work with the SNS’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that SNS on your behalf.  In order to provide this authorization, you do not provide us with your user name or password to the SNS.  Instead, once authorized by you, the SNS provides us a token that allows the SNS to recognize us when we ask, on your behalf, for access to your account information or to post information. For example, when you click “Connect” to grant Phizzle and/or its Partner access to your Facebook account, we will import your name and other information from Facebook. Similarly, when you click “Like”, we will post the applicable information to your Facebook account. You can revoke our access to any SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS.

USE OF INFORMATION

Personal Information

We use Personal Information to provide the Services. Without Personal Information, the Services would not exist. You agree that we may use Personal Information to provide the Services and:

  • analyze the Services, to optimize and customize the Services and to improve and offer new features;
  • deliver personalized advertising and marketing of our products and services and those of third parties as further described below
  • compare personal information against other sources of personal information and try to ensure that it is accurate and complete;
  • tailor the features, content, performance and support of the Phizzle Website or Services to you;
  • administer your account, provide customer support, resolve disputes, and enforce our terms; and
  • communicate with you about our Services, targeted marketing, Service updates, and promotional offers based on your marketing preferences.

Some parts of the Services permit you to invite people to join. If you invite people to join, we may share your email address with them. You may only invite people whom you know personally that would like the Services. You may not send spam via the Services.

We may also use your Personal Information to create Non-PII by excluding information that makes the information personally identifiable to you.

Non-PII

We use the Non-PII collected by the Services without restriction. We may, through our use of Cookies and web bugs, keep you logged into our Services, collect your click-stream data, and personalize your experience (including by tailoring content to you). We may use your Non-PII to analyze usage patterns so that we may enhance the Phizzle Website or Services, improve the content of our software, and customize the Phizzle Website or Services to you.

ADVERTISING AND MARKETING SERVICES

Our business is not based on selling personal information for marketing purposes. But we support our Services, at least in part, through advertising and sponsorships.  In providing advertising services, we may allow advertisers to choose the characteristics of users who will see their advertisements and we may use Personal Information or non-PII to select the appropriate audience for those advertisements.  For example, if you tend to view content about a particular team in the National Basketball Association, we might use that interest to show you ads for basketball video games (and to tell ad networks to serve those ads).  We or one of our advertising partners may deliver the advertisement on this digital property, on another digital property within the Phizzle Network or on a digital property outside the Phizzle Network.  We do not tell any advertiser who you are, though it is possible that the advertiser, or someone working on its behalf, may learn that you possess certain characteristics based on the two simple facts that they are delivering the ad to individuals that fall within a particular audience segment and that you received the advertisement.

If you don’t wish to receive marketing communications from us (whether via SMS, push alerts, or email) please email us at info@phizzle.com. Please note that even if you unsubscribe or opt-out, we may still send you Phizzle Website and Service related communications.

When Phizzle Discloses Information to Third-Parties

When you use Phizzle Services on a digital property that we operate on behalf of one of our Partners, we may disclose the PII you provide us as part of those Phizzle Services to that Partner, including location-based information. The Partner is contractually obligated to protect the disclosed information in accordance with its privacy policy as disclosed on this digital property. We don’t transfer information to other third parties, unless we obtain your permission first or we are permitted to do so under this Privacy Policy.

We share PII with third party vendors who help us provide the Services or the Phizzle Website. For example, if you enable location-based services, we may provide your location information to third-party partners that integrate with the Services and help make the Service better, such as a mapping or navigation service.

We may share your Personal Information with a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy. In the event that Phizzle is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. We will use reasonable efforts to notify you of any such change in ownership or control of your PII.

We may release any information under our control if required to do so by law, or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a valid court order, subpoena, or search warrant. We also reserve the right to disclose any information under our control if we believe, in good faith, that such disclosure is appropriate or necessary to: enforce the Terms of Use and Privacy Policy; take precautions against liability; to investigate and defend ourselves against any claims or allegations; to assist government enforcement agencies; to protect the security or integrity of our web site; and to protect the rights, property, or personal safety of Phizzle, or others.

 

YOUR PRIVACY CHOICES

You can review the Personal Information in your profile by logging into the Services. You may update, correct, or delete the information you’ve provided via the Services at any time by sending an email to info@Phizzle.com. To protect your privacy and security, we take reasonable steps to verify your identity before granting you access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please know, however, that certain of your Personal Information we receive directly from an SNS and you may not change this information through our Phizzle Website or Services. You must change this information through the applicable SNS, and we will then receive updated information from the SNS. If you update information we received from an SNS on our Phizzle Website or through our Services, we do not send it to the SNS, and you must separately update your SNS page.  Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

Upon your request, we will close your account as soon as reasonably possible and in accordance with applicable law. Unless you otherwise opt-out, we will continue to use your Personal Information in accordance with this Privacy Policy even after we have closed your account.  If you opt-out, we may retain the Personal Information to comply with laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

Information Disclosed to Third Parties

This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you. If you disclose information to others, including to other users, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party.  We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

SECURITY

The backbone of the Services is based on Personal Information. As such, we view the protection of that Personal Information as an important part of our obligation to you. Therefore we use appropriate physical, technical and systemic security systems to protect Personal Information. This includes, but is not limited to the use of firewalls and, to some extent, encryption. While we work hard to protect Personal Information, there are others working just as hard to illegally obtain information. We cannot promise that Personal Information will always remain private.

OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of children is important. For that reason, Phizzle does not knowingly collect PII from persons under 13 years-of-age. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE OR PROVIDE PII. If Phizzle learns that PII has been collected from a person under the age of 13 via the Services, including the Phizzle Website, then we will take the appropriate steps to delete this information. If you are a parent or guardian and believe that your child under the age of 13 has provided his or her Personal Information to us, please contact us at info@phizzle.com.

INTERNATIONAL

YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.  BY USING THE PHIZZLE WEBSITE OR SERVICES AND PROVIDING ANY PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TRANSFER OF DATA FROM YOUR COUNTRY TO A COUNTRY THAT HAS LESS STRINGENT LAWS, AND THE PROCESSING OF YOUR PERSONAL INFORMATION IN CONFORMANCE WITH THIS POLICY.

CHANGES AND UPDATE TO THIS PRIVACY POLICY

This Privacy Policy may be revised periodically without further notice to you and the “effective date” notice at the top of this page will reflect this. Please revisit this page to stay aware of any changes. In general, we use your PII in the manner described in the Privacy Policy in effect at the time we received that PII. Your continued use of the Services and/or the Phizzle Website constitutes your agreement to this Privacy Policy and any future revisions. If we decide to change our privacy practices, then we will post those changes to this Privacy Policy on this page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of PII you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information. If we make such material changes to this policy, then we will notify you here in this Privacy Policy, by email, or by means of a notice on the Phizzle Website home page.

Contact Information

For questions or concerns relating to privacy, please send us an email at info@Phizzle.com. Alternatively, you may contact us at the address below.

Phizzle, Inc. Attn: Privacy Officer 58 Second Street, Third Floor, San Francisco, CA 94105

Effective: December 1, 2012