Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by Phizzle. Your use of the Phizzle application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Phizzle application.
INTRODUCTIONThese terms and conditions of service represent the agreement (“Agreement”) between you and Phizzle, Inc. (“Phizzle”) with respect to the Phizzle application service (the “Phizzle Service” or “Service”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
Phizzle may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.Phizzle.com from time to time to review the then current terms and conditions for the Phizzle Service.
THE PHIZZLE SERVICEPhizzle provides mobile marketing solutions for well-known brands and enterprises. The Phizzle Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, text messaging and data charges billed by your carrier may apply. A complete description of the Phizzle Service is available at the Products link on Phizzle’s website, located at www.phizzle.com.
The Phizzle Service may use data licensed to or provided to Phizzle by Phizzle’s brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by Phizzle’s brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
YOUR LOCATION AND OTHER PERSONAL INFORMATIONPhizzle’s downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.
Additionally, the Phizzle Service may collect Personally Identifiable Information (“PII”). PII is information that can be directly associated with a specific person or entity, and may include your name, mobile phone number, and email address. The Phizzle Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the Phizzle Service, and your preferences. This is Non-Personally Identifiable Information (“Non-PII”) and this is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers. PII and Non-PII information is subject to Phizzle’s privacy policy located at www.phizzle.com. Your use of the Phizzle Service indicates that you accept the terms of Phizzle’s privacy policy.
SAFE AND LAWFUL USE OF THE PHIZZLE SERVICEYou agree to comply with the following when using the Phizzle Service:
- Do not use the Phizzle Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
- Do not use the Phizzle Service while operating a motor vehicle.
You are responsible for any fees assessed by your wireless telephone carrier to access the Phizzle Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.
TERMINATIONPhizzle reserves the right to terminate your access to the Phizzle Service at any time for any or no reason and without notice to you.
You may terminate the Phizzle Service at any time by notifying Phizzle via (i) an email addressed to support@Phizzle.com, (ii) a letter addressed to Phizzle, Inc., 199 Stanyan, San Francisco, CA 94115, or (iii) a phone call to Phizzle Customer Support at 877-744-9953 .
Any such cancellation by you shall become effective when processed by Phizzle.
Upon any termination of your Phizzle Service, Phizzle shall have no liability to you or any further obligations under this Agreement.
DISCLAIMERSTo the fullest extent permissible pursuant to applicable law, in no event will Phizzle, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Phizzle Service or the Phizzle Software. You are responsible for the entire risk arising out of your use of the Phizzle Service and the Phizzle Software.
The Phizzle Service and the Phizzle Software are provided “as is” and without warranties of any kind either express or implied. Phizzle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
LIMITATION OF LIABILITYTo the extent permitted under applicable law, under no circumstances shall Phizzle or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Phizzle Service or the Phizzle Software, any defects in the Phizzle Service or the Phizzle Software, or any breach of this Agreement, even if Phizzle or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
INDEMNIFICATIONTo the extent permitted by applicable law, you agree to indemnify, defend and hold Phizzle and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the Phizzle Service.
ARBITRATION AND GOVERNING LAWYou agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Phizzle Service, or the Phizzle Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Delaware, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.
MISCELLANEOUSThis Agreement constitutes the entire agreement between Phizzle and you with respect to the subject matter hereof.
Phizzle’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Phizzle. Notwithstanding the foregoing, Phizzle may assign this Agreement to any affiliate or successor company at any time without notice.
By using the Phizzle Service, you consent to receive from Phizzle all communications, including notices, agreements, legally required disclosures or other information in connection with the Phizzle Service (collectively, “Notices”) electronically. Phizzle may provide such Notices by posting them on Phizzle’s website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Phizzle Service.
If you have any questions regarding the terms of this Agreement, please contact Phizzle via (i) an email addressed to support@Phizzle.com, (ii) a letter addressed to Phizzle, Inc., 199 Stanyan, San Francisco, CA 94115, or (iii) a phone call to Phizzle Customer Support at 877-744-9953.
PRIVACY POLICY
Effective April 1, 2009
Phizzle is a leading provider of mobile technology products and services. Our mobile advertising platform enables the delivery of targeted content - advertisements, coupons, offers, news, etc. - directly to any mobile device based on the end-user's interests and location.
This privacy policy explains our privacy practices as they pertain to information about the use of your personal information by Phizzle in providing branded mobile application services (“Service”) and the Phizzle Website (“Website”). If you have any questions about this privacy policy, please feel free to contact us at info@phizzle.com.
INFORMATION COLLECTED BY THE SERVICE
Phizzle collects information about you when you first activate the Service and as you continue to use the Service.
Personally Identifiable Information
We collect Personally Identifiable Information (“PII”) via the Service. PII is information that can be directly associated with a specific person or entity, and includes your name, mobile phone number, email address, and postal address. We may also ask you to select a user ID and password.
Under certain circumstances, we may send you emails and SMS messages when we feel we have an important announcement to share regarding your Service. Please note that your carrier may charge you to receive messages via SMS. If we have your permission, we may send you email messages about our marketing partners.
The Service may collect your location information automatically 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 all of the above. We ask your permission prior to accessing your location information. In order to provide the best user experience, we will ask to access your current location periodically in order to deliver content and promotions that are tailored to your current location. However, we only use your most recent location and do not store a history of your various locations over time.
Non-Personally Identifiable Information
We also collect Non-Personally Identifiable Information (“Non-PII”) in connection with the Service. 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 Service, and the name of your wireless carrier. And we also keep track of the way you interact with the Service, including the date and time you use the Service, your responses to marketing messages you receive via the Service, and the content and advertisements you viewed while using the Service. We use this information to measure the effectiveness of our marketing campaigns, as well as to help us deliver personalized and relevant content and promotions to you via the Service.
The Service also provides you with an option to provide information about your preferences across several categories (e.g., Sports, Travel, Entertainment, etc.) This information is used to help our advertising partners provide you with relevant and personalized content, information, and promotional offers via the Service.
The Non-PII collected by the Service may be shared with the specific brand that has sponsored the mobile application that you have activated. This information may also be aggregated and shared with third parties for purposes of analyzing demographics and preferences across many mobile users.
THE PHIZZLE CORPORATE WEBSITEThe Phizzle Corporate Website (the “Website”) is designed for our clients and prospective clients, which are generally businesses.
TYPES OF INFORMATION WE COLLECT ON THE WEBSITEPersonally Identifiable Information
We collect Personally Identifiable Information from the Website when you chose to provide it to us. Personally Identifiable Information can be directly associated with a specific person or entity, such as name, street address, email address or mobile phone number. For example, you may choose to send us Personally Identifiable Information about yourself in an email. We use this information simply to contact you to answer your question or concern. Once collected, we will store your Personally Identifiable Information for a reasonable time for record keeping purposes.
NON-PERSONALLY IDENTIFIABLE INFORMATION
We do not collect any Non-Personally Identifiable Information from visitors to this Website. Similarly, we don’t use cookies or web beacons in connection with this Website.PRIVACY INFORMATION FOR BOTH THE WEBSITE AND THE SERVICE
When Phizzle Discloses Information to Third-Parties:
We provide your PII and other information collected when you register for the Service as well as your location information and other Non-PII collected by the Service to the specific brand entity related to the Phizzle application that is being used. We don’t transfer information to third parties that are not affiliated with the branded application, unless we obtain your permission first. If we have your permission, we may provide your location information to third-party partners that integrate with the Service and help make the Service better. For example, we may use a mapping or navigation service provided by one of our partners.
We provide Non-PII to interested third parties to assist those parties in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality provided by Phizzle. Phizzle may aggregate information about the way you and others use the Service, and share that information with our advertising partners, potential partners and the press.
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 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. You will be notified by us 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 third-party 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 may update, correct, or delete the information you’ve provided via the Service at any time by sending an email to info@Phizzle.com. You may also update information you’ve provided via the Website by emailing us at info@Phizzle.com, and we will act upon your request in a reasonable time. 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.
Our Commitment to Data Security:
The security of your information is important to us, including but not limited to the PII collected via the Service and the Website. We have implemented reasonable security measures to protect the information in our care, both during transmission and once we receive it. This includes, but is not limited to the use of firewalls and encryption. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
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 ON THIS WEBSITE. If Phizzle learns that PII has been collected from a person under the age of 13 via either the Website or Service, 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 PII to us, please contact us at info@phizzle.com.
Age Requirements For Certain Mobile Applications:
Phizzle provides mobile application services to multiple brand entities. In some cases, the mobile application may be associated with a brand or content that requires the user to be 18 year-of-age or older. Examples of this include mobile applications associated with casinos, alcoholic beverages, adult content, etc. If you are accessing an application that has an age requirement, your use of the application is your certification that you are of the legal age. If you are not old enough to access the application, you must refrain from accessing the application.
International:
The Website is hosted in the United States, and we do not currently offer the Service outside of the U.S. If you are visiting the Website from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring any PII you provide on this Website or via the Service to the United States and by providing your PII you consent to that transfer.
Changes and Updates 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 Service and/or this 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 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
199 Stanyan
San Francisco, CA 94115
