Moonfrye Mobile App Privacy Policy

Effective Date: 12/3/13

Moonfrye, Inc. (“Moonfrye,” “we,” “us,” or “our”) has created this privacy policy (“Privacy Policy”) in order to demonstrate our commitment to you, our user, (“you” or “your”) regarding your privacy with respect to information that you submit through our mobile application (“App”) and related services through the App (“Services”). To be clear, this Privacy Policy applies only to the information collected through the use of our App and related Services, and does not apply to information collected through our website (though we may combine the information if you use both the App and our website).

Personal Information” means contact information (i.e., your name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual, including any data, media, messages and content that you make available through the Service. “Anonymous Information” means information that is not used or intended to be used to personally identify an individual.

BY USING OUR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. 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.

INFORMATION COLLECTED

Personal Information

The Personal Information we gather from you helps us provide you with access to, and learn more about your use of, the App. We collect Personal Information that you submit to us voluntarily in the course of correspondence, registration and using the App. We primarily collect this information to provide Services to you. When you order Services through our App, we may collect information necessary to complete and record the transaction, though some of this information may go directly to our payment provider.

If you participate in a contest or giveaway with us, we may ask you for your e-mail address and/or home number (to notify you if you win or not).  We may also ask for first and last names, and sometimes post office addresses to verify your identity.  In some situations we may need additional information as a part of the entry process, such as a prize selection choice.  These contests are voluntary.  We recommend that you read the rules for each contest that you enter.  If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

You have the option of registering with us through a third party social networking website (“SNS”), such as Facebook or Twitter, using your existing account and log-in credentials on such site. When you click on “Connect with us,” or a similar connection on the App, you will be prompted to enter your SNS credentials for the SNS.  By proceeding, you are granting us and our Services access to your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services.  In this case, we receive information from Facebook or another SNS to make it easier for you to create an Account with us.  Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.  You have the option to disable Facebook Connect at any time by logging into your Account through the App.

Information Collected via Technology. 

      • Information Collected by Our Servers.  To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
      • Log Files.  As is true of most online services, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.
      • Mobile Device. We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, and mobile network information. In addition, the Services may access your device’s image storage applications, with your consent, to facilitate your use of certain features of the Services. For more information about how you can control our access to these applications, please see “Your Choices” below.
      • Cookies.  Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our App.  This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.

We may combine any of the foregoing information with your Personal Information, in which case we will consider it to be Personal Information under this Privacy Policy.

Disclosure – Analytics. 

We may also use third party tracking services to help us analyze how users use the App.  These services collect only anonymous information such as your IP address and the unique device identifier assigned to your mobile device, rather than your name or other personally identifying information, and use it to collect information such as how often users open the App and what features they use in the App. We only use this information to improve our App and Services. We do not combine the information generated thereby with your Personal Information and we do not associate you in any way with your device identifier. Only these services know and associate you (on a non-identifiable basis) with your identifier.

Disclosure – Other Information

We may receive Personal Information and/or Anonymous Information about you through your use of our website and other services that are not covered by this Privacy Policy. Though our collection and use of that information is not covered under this Privacy Policy, we may add and/or combine that separately collected information to the information we have already collected from you through your use of our App and the Services governed by this Privacy Policy.

Use of PERSONAL Information

Personal Information

We will use your Personal Information to:

  • Administer your Account;
  • Provide you with Services and customer support;
  • Tailor the features of the Services to you;
  • Market our products and services (and those of third parties) to you that we believe may be of interest to you;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Verify your compliance with your obligations in our EULA; and
  • Communicate with you about the Services.

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

Anonymous Information

We use the Anonymous Information we collect to analyze trends, administer the Services, track users’ movements in the App, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the Log Files may be collected so that when you use the App again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.

Disclosure of Information

Personal Information

We may also disclose certain Personal Information:

  • Third Parties Designated by You.  When you use the Services, the Personal Information you provide will be shared with the third parties that you authorize to receive such information.
  • Third Party Service Providers.  We may share your Personal Information with our third party service providers that help us provide Services that we offer you through our App and/or Services.
  • Affiliates.  We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
  • Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
  • Social Networking Sites.  Some of our Services may enable you to post content to SNSs (e.g., Facebook or Twitter).  If you choose to do this, we will provide information to such SNSs in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs.  We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
  • Other Disclosures.  Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property or other users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of use.

Anonymous Information

We reserve the right to disclose Anonymous Information to third-parties in our discretion.

YOUR CHOICES REGARDING YOUR INFORMATION.  

  • Mobile Device. Certain features of the Services require access to your device’s image storage applications (e.g., to use a photo in your photo gallery). Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the App from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your image storage applications by changing the settings on your device
  • Email CommunicationsWe may periodically send you free newsletters and e-mails that directly promote the use of our App or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our terms of use or Privacy Policy, which you may not opt out of.
  • Cookies.  If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
  • Changing or Deleting Your Personal Information.  You may review, update, correct or delete the Personal Information in your Account by contacting us. If you completely delete all of your Personal Information, then your account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. 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. Certain information is necessary in order for us to provide the Services; therefore, if you delete such necessary information you may not be able to use the Services.

Feedback 

If you provide feedback to us, we may use and disclose such feedback in accordance with the terms in our End User License Agreement, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy, provided that we may contact you in regards to such feedback.

Third Party Sites

The Services may contain links to other websites.  Moonfrye is not responsible for the privacy practices or the content of these other websites. This Privacy Policy applies solely to information collected by us through the Services and does not apply to these third party websites.  We encourage you to read the privacy policies of each and every website they visit.  Users should always use caution and common sense when choosing to provide Personal Information on the Internet, particularly when it comes to information such as credit cards and other payment information. The ability to access information of third parties from the Services is for your convenience and does not signify our endorsement of such third parties, their services, other websites, locations or their contents.

Regarding Children

The Services are not directed to children and children are not eligible to use our Services.  Protecting the privacy of children is very important to us.  We do not collect or maintain Personal Information from people we actually know are under 13 years old, and no part of the Services is designed to attract people under 13 years old.  If we later obtain actual knowledge that a User is under 13 years old, we will take steps to remove that User’s Personal Information from our databases.

Notification of Changes

This Privacy Policy is subject to revision from time to time on a going-forward basis.  We will post any revised version of the Privacy Policy on this page.  If we make any material changes to it, we will also send you notice thereof to the last email address you have provided to us.  Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Additional Information

Questions regarding this Privacy Policy or the practices of the Services should be directed to Moonfrye by e-mailing such questions to feedback@moonfrye.com