Privacy Policy

This Privacy Policy describes the policies and procedures of PocketSpheres®, LLC. (“we”, “our” or “us”) on the collection, use and disclosure of your information on the services, features, content or applications we offer, including the PocketSpheres® mobile application (the “Application”) (collectively with the Application, the “Services”). We receive information about you from various sources, including: (i) through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control.

What Information Do We Collect?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

Account Information:

When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. If you access the Services through a Facebook login, we may automatically collect certain information that could be Personal Information, such as your name, picture, email address and names of your Facebook friends. We will use all information available through Facebook in accordance with Facebook’s policies and your preferences selected through Facebook.

User Content:

Some features of the Services allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

Information Collected Automatically:

We automatically receive, record and store information from your mobile device when you interact with the Services: device location coordinates, a device identifier (but not the UDID), and operating system version. A mobile device may report its GPS location at the time you interact with the Services if the location services settings are enabled. Such information is not treated as Personal Information, except where we are required to do otherwise under applicable law.

Our collection of your device location information is solely at your discretion. You can enable or disable location services when you use the Application at any time, through your mobile device settings. Should you use the Services with location services enabled, you consent to collection and dissemination of your device location information through the Services, as specified in this Privacy Policy. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to allow other users to see your device location information, as specified in this Privacy Policy.

Our collection of your device location information is solely at your discretion. You can enable or disable location services when you use the Application at any time, through your mobile device settings. Should you use the Services with location services enabled, you consent to collection and dissemination of your device location information through the Services, as specified in this Privacy Policy. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to allow other users to see your device location information, as specified in this Privacy Policy.

Aggregate Information:

We collect statistical information about how users collectively use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your mobile device.

How Do We Use the Information We Collect?

We use the information collected through the Services for purposes including:

  • To provide the Services or information you request, and to process and complete any transactions;
  • To respond to your emails, submissions, questions, comments, requests and complaints and provide customer service;
  • To monitor and analyze usage and trends, and to personalize and improve the Services and your experiences with the Services;
  • To send you confirmations, updates, security alerts and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services; and
  • To find and connect you with your friends and spheres.

How, and With Whom, Is My Information Shared?

We will not share the personal information we have collected from you, except as described below.

We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.

Information shared with other users on the Services:

We share Personal Information, including your location, with your friends on the Services with whom you want to share your photos and spheres according to the preferences set in your Account. Users may also see the usernames of users they are not friends with yet. We may share your username by allowing such users to search for your name or by displaying your username to such other users that are near your location in order to request you as a friend on the Services.

Aggregate Information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Information Shared with Our Agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information Disclosed Pursuant to Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others:

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to :

  1. satisfy any applicable law, regulation, legal process or governmental request,
  2. enforce these Terms of Service or our other policies or agreements, including investigation of potential violations hereof
  3. detect, prevent, or otherwise address fraud, security or technical issues
  4. respond to user support requests, or
  5. protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Information We Share With Your Consent:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

What Steps Do We Take To Protect Your Information Online?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to the Services through your mobile device by signing off after you have finished accessing your Account.

We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. We do not guarantee or warrant that such security techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

What Information of Mine Can I Access?

You can access information associated with your Account by logging into the Services.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 5714 E. 108th, Tulsa, OK 74137.

How Can I Delete My Account?

Should you ever decide to delete your Account, you may do so by emailing support@pocketspheres.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records and as otherwise required by law.

International Users

If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there (or any other country where we operate). The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using the Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy.

Our Policy Towards Children

The Services are not directed to children under 13 and we do not knowingly seek or collect Personal Information from children under 13. If we learn that we have collected Personal Information of a child under 13, we will take steps to delete such information from our files as soon as possible.

What Happens When There Are Changes to this Privacy Policy?

Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of such changes by posting them through the Services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those changes become effective, you are agreeing to be bound by the revised Privacy Policy.

What If I Have Questions or Concerns?

If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to support@pocketspheres.com. We will make every effort to resolve your concerns.

Effective Date: February 24, 2013

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