Privacy Policy

Policy Version Date: August 29, 2017

Phizzle, Inc. (“Phizzle,” “Us,” or “We”) is committed to protecting the privacy of the users of the http://www.phizzle.com web site (the “Site”) and the services offered through the Site, including high volume data aggregations solutions, insight and behavior API’s, dynamic identity resolution algorithm and API, omni-channel communication API’s, gamification API’s, SMS (text) marketing platform and live engagement and data visualization tools (the “Services”). Additionally, Phizzle adheres to the Safe Harbor Principles as agreed to and set forth by the United States Department of Commerce and the European Union (“EU”) and abides by The Philippines Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012. This privacy policy (the “Policy”)) discloses Phizzle’s information privacy practices for the Site and Services. This policy is intended to inform users of our Services and other visitors to the Site of the information collection and use practices of the Site and Services.

Please see the Notification of Changes section below for information regarding changes to this Policy. If you have questions or concerns regarding this Policy, you should contact Phizzle by e-mail at info@phizzle.com.

COLLECTION AND USE OF INFORMATION GENERALLY.

Phizzle collects information directly from the users of our Site and Services. Phizzle also receives information regarding users from our customers and from other third parties. We will not sell, share, transfer, or use the information we collect from users or receive from our customers or other third parties regarding users other than as stated in this Policy

In addition, we will not sell, share, transfer, or use the information we receive from our customers or from other third parties regarding users except in accordance with the directions of those customers and other third parties.

COLLECTION AND USE OF INFORMATION BY OUR CUSTOMERS AND OTHER THIRD PARTIES.

Certain of the web sites of Phizzle’s customers or affiliates and other third-parties may be accessible through the Site or through other communications sent through the Services. You may be asked to provide personally identifiable information (or other information) to these customers or other third parties through these web sites or through the communications sent to you through the Services, including by way of example when you click on a link on the Site to one of these other web sites or on a link in a text message or other communication sent through the Services. These customers and third parties maintain their own privacy and data collection policies and practices. This Policy covers only information collected through the Site and Services and does not extend to our customers or any third parties. PHIZZLE IS NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF OUR CUSTOMERS OR ANY THIRD PARTIES. YOU SHOULD REVIEW THE APPLICABLE PRIVACY POLICIES OF OUR CUSTOMERS AND ANY THIRD PARTIES BEFORE PROVIDING THEM WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.

COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION BY PHIZZLE.

We only collect and use personally identifiable information regarding users of the Site or Services as described in this Policy. In addition, we do not process or use personally identifiable information that we collect or that is received from our customers or from other third parties in a way that is incompatible with the purposes for which it was collected or received or subsequently authorized by you. Except as noted in this Policy, personally identifiable information collected by Phizzle on the Site or through the Services is NOT shared with third parties without your consent.

We may automatically collect personally identifiable information from you when you access the Site or use or access the Services. However, we collect personal identifiable information only after obtaining your consent to collect such information.  In some cases, we may specifically ask you to “opt-in” to a campaign.  In such cases, “opting-in” provides your consent to collect personal identifiable information. We may also collect personally identifiable information from you through a number of voluntary sources on the Site or through the Services, including through text messages or other communications sent through the Services. For example, these sources may include responses, registrations, confirmations, emails, messages, written correspondence or other electronic submissions and communications sent by you to the Site or through the Services. The personally identifiable information we may collect from you will include, by way of example:

  • Domain name and Internet Protocol (IP) address;
  • E-mail address;
  • Contact information (including, name, address, zip code, country, and phone number);
  • Gender;
  • Financial information, such as account or credit card numbers (but only for our internal billing requirements);
  • User-specific and aggregate information on areas of the Site accessed and the Services used;
  • Username and password information for the Site or Services; and
  • Other information you volunteer to the Site, through the Services.

YOU SHOULD NOT PROVIDE PHIZZLE WITH ANY PERSONALLY IDENTIFIABLE INFORMATION (OR SUBMIT OR POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR IN RESPONSE TO ANY TEXT MESSAGE OR OTHER COMMUNICATION) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.

If you register for the Site or Services through a third-party, the personally identifiable information you have provided in connection with your registration may be imported into your account on for the Services. The personally identifiable information we may collect from you will also include any information imported from any such third-party.

The personally identifiable information that Phizzle collects from users of the Site or Services (both registered and unregistered) may be used for a variety of purposes, including by way of example:

  • Providing the Services;
  • Customizing content displayed on the Site or through the Services;
  • Customizing the layout of the Site or Services;
  • Notifying users of the Site or Services about updates to and activities on the Site or Services;
  • Improving the content of the Site or Services;
  • Analyzing data and patterns regarding usage of the Site or Services; and
  • Contacting users of the Site or Services for information verification purposes.

We do not share personally identifiable information we collect through the Site or Services with third party companies so that they may offer products and services to users of our Site or Services. We do not share personally identifiable information with third party advertisement serving companies. We do not provide advertising links on our Site or through our Services.

USE OF PERSONAL INFORMATION RECEIVED FROM THE EU AND OTHER LOCATIONS.

When Phizzle is a data controller. Phizzle adheres to the Safe Harbor Principles as described in this Policy with respect to the personal data we collect from EU data subjects, which includes data used to establish accounts, process orders, process payments and otherwise provide the Services.

When Phizzle is a data processor. Phizzle’s obligations with respect to personal data for which we are solely a data processor, such as personal data received from our customers or from other third parties that we use to generate and transmit text messages and other communications through the Services, may be defined in our agreements with those customers and are not included in this Policy. In those circumstances, we receive personal data from the EU or other locations as an agent for the customer or other third party merely for processing and are not required to apply the Safe Harbor principles to that information. In those circumstances, our customers or those other third parties will remain responsible for personal data that they collect and for compliance with the applicable data protection laws and privacy policies.

COLLECTION AND USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION BY PHIZZLE.

Where possible, our server automatically recognizes and collects certain non-personally identifiable information regarding visitors to the Site and users of the Services, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. We also collect information about how visitors access and use the Site and Services, including by way of example what pages of the Site are viewed and what portions of services are used. When providing the Services, we collect information regarding the performance of the Services, which includes metrics related to the deliverability of text messages and other electronic communications. This information allows us to improve the content of the Site and Services, facilitate research and analysis of the Site and Services, and develop and refine our Services. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form. We may also provide this information to our customers in anonymous and non-personally identifiable form.

CHILDREN.

The Site and Services are not directed to children under 13 years of age. Phizzle does not knowingly solicit or collect personal information from children under 13 years of age.

SENSITIVE INFORMATION.

Phizzle does not knowingly solicit or collect, and you should not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

DISCLOSURE AS REQUIRED BY LAW.

Though we make every reasonable effort to preserve user privacy, we may need to disclose personally identifiable information of certain users of the Site or Services when we have a reasonable and good-faith belief that the disclosure is necessary to enforce the Terms of Service for the Site, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect Phizzle’s rights under applicable law, including, without limitation, Phizzle’s intellectual property rights. In this situation we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.

SERVICE ANNOUNCEMENTS AND CUSTOMER SERVICE.

On occasion, it is necessary to send out service related announcements. For instance, if the Site or any of the Services is temporarily suspended for maintenance we might send users an email. We also communicate with users to provide customer service in accordance with our Terms of Service. Generally, users may not opt-out of these communications without also deactivating their account and ceasing use of the Services. These communications are not promotional in nature.

YOUR CALIFORNIA PRIVACY RIGHTS.

California law provides that California residents have a right to request that businesses tell them how their personally identifiable information has been shared with third parties for those third parties’ direct marketing purposes. However, there is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s personally identifiable information to third parties for those third parties’ direct marketing purposes.  Phizzle does not share personal identifiable information with third parties for those third parties’ direct marketing purposes.

However, some communications (e.g. important account notifications and billing information) are considered transactional and are necessary for all Phizzle customers. Customers must cancel your Phizzle account to unsubscribe you from these communications.

COOKIES.

“Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Site and Services. We may use cookies on the site or in communications sent through the Services for various purposes, including by way of example:

  • Saving user preferences;
  • Customizing content of the Site for individual users;
  • Recording session information;
  • Saving certain information about users of the Site and others who visit the Site; and
  • Facilitating and enhancing interaction with the Site.

Phizzle does not use cookies to retrieve information from a computer that is unrelated to Phizzle or the Site or Services.

A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Site and through our Services.

Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser or email software instructions or help screen to learn more about these functions.

ACCESS, REVIEW, AND UPDATE OF INFORMATION.

Phizzle takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and current. The users of the Site or Services should email us at info@phizzle.com to review, delete, deactivate, update or change any personal information that was previously provided to or collected by Phizzle.

CONSENT TO THE USE OF THIRD PARTY PROVIDERS.

In addition to the specific third parties noted in this Policy, Phizzle may also contract with Agents to provide various services to Phizzle relating to the Site or Services on an outsourced basis rather than performing the services itself (as used here, “Agents” are persons on companies who act on behalf of or under the direction of Phizzle). For example, Phizzle may contract with a web site hosting provider to host all or a portion of the Site or Services for Phizzle.

Phizzle will not transfer information collected from EU data subjects to any of its Agents unless it first ascertains that the Agent subscribes to the Safe Harbor Principles or is subject to the EU Directive on Data Protection or another adequacy finding or enters into a written agreement with such Agent requiring that the Agent provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.

By visiting the Site or using the Services, all visitors consent to Phizzle providing both personal and non-personal information received from those visitors to these Agents for the purpose of enabling the third party provider to provide these outsourced services to Phizzle. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by Phizzle and these Agents.

NOTIFICATION OF CHANGES.

We will notify users of any changes to this Policy. Notification will be made by posting of the changes on the Site. Changes to this Policy will be effective 30 days following notice. Your continued use of the Site or Services after any change has become effective will constitute your acceptance of that change.

Unless we seek and receive consent from a user, we will use information we collect from users in accordance with the version of the Policy effective when the information was last collected. Users may contact us regarding any change to this Policy, including to prevent their information from being used pursuant to any change to this Policy, by emailing us at info@phizzle.com.

SECURITY.

We will use at least industry standard security measures on the Site to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to insure the safety of your personal information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

VERIFICATION.

Phizzle utilizes a self-assessment approach to ensure its compliance with this Policy. We regularly verify that this Policy is accurate, comprehensive, prominently displayed, completely implemented and in conformity with the Safe Harbor Principles and conduct our self-assessment on an annual basis. We appropriately train our employees and have internal procedures for conducting objective compliance reviews.

ENFORCEMENT.

Phizzle encourages individuals covered by this Policy to raise any concerns about our processing of personally information by contacting Phizzle as set forth below. Phizzle will seek to resolve any concerns.

CONTACT INFORMATION.

All inquiries concerning this Policy and the Site or Services in general may be sent to info@phizzle.com.

TRANSFER OF INFORMATION.

If Phizzle elects, in its reasonable discretion, to transfer ownership or control of the Site or Services to a third party, whether or not in the context of an acquisition, merger, or reorganization, you consent to the transfer of your personally identifiable information and non-personally identifiable information by Phizzle to that third party, provided that all use of your information by that third party remains subject to the terms of this Policy and any applicable requirements of the Safe Harbor Principles and the Data Privacy Act of 2012.