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PRIVACY NOTICE
Socialbomb, Inc.
("Socialbomb") values the privacy of our customers, users, and
others who use the mobile phone applications, www.socialbomb.com, and other web sites, services, and content (e.g.,
widgets, feeds, and applications) owned or operated by Socialbomb (the "Socialbomb
Services") (such customers or users, collectively or individually,
"Users"). This Privacy Notice governs the Socialbomb
Services.
The great
majority of our Users will use the Socialbomb Services for harmless and fun
entertainment and social purposes. However, please note that by its very
nature, your location, photographic image, and other personal information
which you transmit to Socialbomb for use as part of the Socialbomb Services
(e.g., Social Networking, games, etc.) are subject to abuse, misuse, and
over-monitoring by others including, perhaps, by your friends, family, or
acquaintances. The Socialbomb Services do not contain separate privacy
controls. All privacy controls for your personal data transmitted to the
Socialbomb Services through synchronization with your Facebook account is
managed through your Facebook account. Please manage your own privacy
preferences for the Socialbomb Services, on an ongoing basis, through your
Facebook account.
Please be aware
that any personal data or location that you voluntarily disclose online -
such as when you use Socialbomb Services, and provide Socialbomb Services
access to User Facebook or Twitter accounts, etc. – may become publicly
available and could be read, collected, and used by others and could be used
to send you unsolicited messages. Your personal data obtained from your
Facebook or Twitter account will be shared publicly in accordance with the
privacy settings you have applied to the personal data that is contained on
your Facebook or Twitter account. Socialbomb is not responsible for the
personal data, profile, or location information that you choose to disclose
on the Socialbomb Services through synchronization with your Facebook or
Twitter account.
GENERAL INFORMATION:
This Privacy
Notice details important information regarding the use and disclosure of User
information collected through the Socialbomb Services. Socialbomb provides
this Privacy Notice to help you make an informed decision about whether to
use or continue using the Socialbomb Services.
This Privacy
Notice is incorporated into and is subject to the Socialbomb Terms of Use. Your use of the Socialbomb Services and any personal
information you provide on the Socialbomb Services remains subject to the
terms of this Privacy Notice and the Terms of Use.
IMPORTANT DISCLOSURES AND CONSENTS:
·
Data and messaging (including SMS text messages) plans
may be required to use the Socialbomb Services. If Socialbomb requires the
use of SMS text messages, standard data and messaging charges, fees, and
taxes from your carrier will apply.
·
To provide Socialbomb Location Services, we collect,
maintain, use, and display your personal data and the geographic location of
your mobile device (we call this location fix of your mobile device
"location information" or "geo-location").
·
Socialbomb does not show your phone's current
geo-location to your selected "Socialbomb Friends" on your iPhone
or other device that has access to Socialbomb Location Services, when the
Socialbomb app is not open and running. At present, for the purposes of
Socialbomb Location Services, your Socialbomb Friends are the same persons as
those identified as Facebook Friends on Facebook.
·
In order to subscribe to the Socialbomb Services, you
must consent to: (a) Socialbomb having access to your Facebook or Twitter
account information; (b) where applicable, the use of your phone's location
to provide Socialbomb Location Services to you, including the display &
disclosure of that location information to your Socialbomb Friends and within
your geo-tagged messages & content, if any; and (c) receive text messages
from Socialbomb to the extent that becomes part of the procedures for using
Socialbomb Services.
Socialbomb
Services default privacy settings are the privacy settings used with your
Facebook or Twitter account – Socialbomb Services do not currently
provide the ability to separately set your privacy settings for use with the
Socialbomb Services. Changing these settings is easy - just make adjustments
to the privacy settings related to your Facebook or Twitter account. Those
settings will be synchronized with your Socialbomb Services account every
twenty-four (24) hours.
THE INFORMATION SOCIALBOMB COLLECTS:
·
"REGISTRATION INFORMATION": Socialbomb receives from Facebook and Twitter certain
personal data (such as your name, date of birth, and the like) about you when
you chose to subscribe to the Socialbomb Services, including synchronized
information (including text and photographic material) from your Facebook and
Twitter accounts.
·
·
"PROFILE INFORMATION": When using the Socialbomb Services you provide certain other
personal information and content that will be publicly displayed to other
Users who are Socialbomb Friends. Socialbomb
collects no personal data directly
from Users, but rather all personal data used on the Socialbomb Services is
collected by Facebook. Any of such information that is directly collected by
Facebook and shared with Socialbomb will be collected, held, used and stored
in a manner that is reasonably equivalent to that permitted under the
comparable Facebook and Twitter privacy policies in effect at the time of
collection (including the length of time during which the information will be
held by Socialbomb), and in compliance with any privacy settings selected by
the User for the User’s Facebook account of which Socialbomb Is aware.
NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, SUCH PERSONAL DATA
TRANSMITTED TO SOCIALBOMB BY FACEBOOK AND TWITTER SHALL BE HANDLED BY
SOCIALBOMB IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS WHICH MAY, AMONG
OTHER THINGS, RESULT IN SUCH DATA BEING REMOVED FROM THE SOCIAL BOMB SERVICES
ON A TIME SCHEDULE THAT IS DIFFERENT FROM THAT REQUIRED OR PERMITTED UNDER
APPLICABLE FACEBOOK AND TWITTER POLICIES.
·
·
"LOCATION AND PHOTOGRAPHIC INFORMATION": To provide the Socialbomb Services, we derive location
information directly from the mobile device that you used to register with
Socialbomb or use to participate in Socialbomb Services apps. This location
tracking of your mobile device may occur even when the Socialbomb mobile
application is not actively open and running, but your location is displayed
and shared with others only when Socialbomb Services are opened and running
on your phone and otherwise in accordance with your privacy settings. As
part of your activities using Socialbomb Services, we may also collect
photographic material that you transmit to us, which photographic material
may include images of the User, the User’s Socialbomb Friends and third
parties. Even if you disable the location services on your phone, we may
learn your location from the context of any photographic material that you
transmit to us (e.g., the User may be the subject of a photographic image
transmitted to Socialbomb by a Socialbomb Friend that discloses the User’s
location).
·
·
"COOKIES, PERSISTENT FILE INFORMATION": When you use the Socialbomb Services, we may send one or
more cookies (small text files containing a string of alphanumeric characters
that allow another person to learn about your activities conducted on the
Internet) to your phone, computer or other participating device. Socialbomb
may use both session cookies and persistent cookies. A session cookie disappears
after you close your browser. A persistent cookie remains after you close
your web browser and may be used by us during your subsequent visits to the
Socialbomb Services. Persistent cookies set by Socialbomb can be removed.
Please review your web browser "Help" file to learn the proper way
to modify your cookie settings.
·
·
"LOG FILE INFORMATION": When you use the Socialbomb Services, our servers
automatically collect and record certain information about your usage from
your mobile device and web browser. These server logs may include, but not
be limited to, information such as a mobile device identification number and
device identifier, web requests, Internet Protocol ("IP") address,
browser type, browser language, referring / exit pages and URLs, platform
type, number of clicks, domain names, landing pages, pages viewed and the
order of those pages, features used in the Socialbomb mobile application, the
amount of time spent on particular web pages, and one or more cookies that
may uniquely identify your browser.
THE WAY SOCIALBOMB USES INFORMATION:
·
Socialbomb uses your personal data, registration,
profile and location information to operate, maintain, and provide to you and
other Users all of the features and functionality of the Socialbomb Services.
·
To provide the basic functionality of certain Socialbomb
Services - such as displaying your live location to your Socialbomb Friends -
Socialbomb maintains and stores for its use each User's most recent location
fix, as well as historical location information.
·
·
Socialbomb uses your personal data, location,
photographic and certain non-personal data information (such as anonymous log
file information) to track and analyze User preferences and trends in order
to improve the quality and design of the Socialbomb Services and to create
new features, promotions, functionality, and services.
·
·
Socialbomb uses cookies and log file information to: (a)
remember information so that you will not have to re-enter it during your
visit or the next time you visit the Socialbomb Services; (b) provide custom
and personalized content, advertisements, and information; (c) monitor the
effectiveness of our marketing campaigns; and (d) monitor aggregate usage
metrics.
·
·
Socialbomb may use your personal data (including registration
information), all of which is currently collected by Facebook and shared with
Socialbomb solely through synchronization with your Facebook account, and
your location information to personalize and serve in-service advertisements
specific to you and your interests. For example, if you put a favorite band
in your Facebook account information that is transmitted to the Socialbomb
Services, then we might serve you an advertisement highlighting the concert
of a similar band playing in your city. However, we would not disclose who
you are to the music company.
·
·
Socialbomb
is not responsible for the text and photographic images which may be
transmitted to and posted with Socialbomb Services, and Users acknowledge
that any such images or text may be widely disseminated and publicly
available following such transmission and posting.
·
·
Socialbomb
will not use your personal data information or location information to send
commercial or marketing SMS text
messages or email messages to you without your express consent; provided,
that express consent will be implied if the User continues to use the
Socialbomb Services after the User has been informed (through posting as a
modification to the Socialbomb Privacy Notice or otherwise) that such
personal data information or location information will be used for this
purpose.
·
·
Socialbomb
may retain copies of any personal data received from Facebook and Twitter
pursuant to the synchronization with your Facebook and Twitter account, and
such information shall be held by the Socialbomb in a manner equivalent to
the way that such information is held by Facebook and Twitter.
NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, SUCH PERSONAL DATA
TRANSMITTED TO SOCIALBOMB BY FACEBOOK AND TWITTER SHALL BE HANDLED BY
SOCIALBOMB IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS WHICH MAY AMONG
OTHER THINGS, RESULT IN SUCH DATA BEING REMOVED FROM THE SOCIAL BOMB SERVICES
ON A TIME SCHEDULE THAT IS DIFFERENT FROM THAT REQUIRED OR PERMITTED UNDER
APPLICABLE FACEBOOK AND TWITTER POLICIES.
·
·
On notice
from Facebook or Twitter, Socialbomb will provide Facebook or Twitter with
information about a particular User if Facebook or Twitter reasonably
believes that such information is necessary to prevent or investigate the
commission of a crime.
WHEN SOCIALBOMB DISCLOSES INFORMATION:
·
Socialbomb may disclose some personal data,
registration, profile, or location information to subsidiaries, affiliated
companies, or other businesses or persons for the purpose of providing
certain features of the Socialbomb Services, in order to serve relevant
advertisements in support of the Socialbomb Services, and for processing such
information on our behalf. For example, we may disclose information to
partners for the purpose of revenue recognition, or we may disclose certain
information in order to provide mapping, points-of-interest, local content,
or navigation features. To the extent commercially reasonable: we will use
reasonable efforts to obtain agreement from these parties to process such
information in compliance with our privacy policy; we will use reasonable
efforts to limit their use of such information; and we will require these
parties to use any other appropriate confidentiality and security measures.
·
·
Socialbomb may disclose aggregate, anonymous log file
and usage information in reports to interested third parties to assist those
parties in understanding the usage patterns and performance results of
certain advertisements, content, services, promotions, or features. For
example, we may provide aggregate-level reports to an advertising partner for
the purpose of showing delivery and performance statistics of a specific
advertising campaign.
·
·
Socialbomb may release personal data, registration,
profile, or location information if required to do so by law, or in the
good-faith belief that such action is necessary to comply with state and
federal laws or respond to a court order, subpoena, or search warrant.
·
·
Socialbomb also reserves the right to disclose personal
data, registration, profile, or location information that Socialbomb
believes, in good faith, is appropriate or necessary to: enforce our Terms of Use; take precautions against liability; protect Users from
fraudulent, abusive, or unlawful uses; investigate and defend ourselves
against any third-party claims or allegations; assist government enforcement
agencies; protect the security or integrity of the Socialbomb Services; or
protect the rights, property, or personal safety of Socialbomb, Users, or
others. We don’t assume any duty to act in any way identified in this
paragraph, and if we do act in such way on one or more occasions it does not
obligate us to do so again nor does it create a continuing duty to do so.
·
·
Socialbomb will not share your personal data information
or personal data location information with other, third-party companies for
their commercial or marketing use without your express consent; provided,
that express consent will be implied if the User continues to use the
Socialbomb Services after the User has been informed (through posting as a
modification to the Socialbomb Privacy Notice or otherwise) that such
personal data information or location information will be used for this
purpose.
You may update,
correct, or delete your personal data via contact to support@socialbomb.com or by making changes to such information directly on your
Facebook account (which Facebook account information is subsequently synchronized
with the Socialbomb Services), and you may update, correct or delete your
privacy settings by making adjustments to your Facebook account privacy
settings (which will be subsequently synchronized with the Socialbomb
Services). To protect your privacy and security, we take reasonable steps to
verify your identity before making corrections.
FACEBOOK
CONNECT:
........................................................................................................................................................
You may use
Facebook Connect to connect your Facebook account with Socialbomb Services,
using your Facebook login credentials to log in to Socialbomb Services. If
the User uses Facebook Connect in connection with the Socialbomb Services,
the User thereby is considered to have affirmatively consented to
Socialbomb’s sharing of User actions or User data with Facebook. Users who
wish to disconnect or otherwise disassociate their Facebook account from the
Socialbomb Services, must either remove the Socialbomb Services application
from their Facebook accounts or contact Support@Socialbomb.com, and follow
the instructions provided for disconnecting or disassociating their Facebook
accounts from the Socialbomb Services.
TWITTER
API:
........................................................................................................................................................
You may use
Twitter to connect your Twitter account with Socialbomb Services, using your
Twitter login credentials to log in to Socialbomb Services. If the User uses
Twitter in connection with the Socialbomb Services, the User thereby is
considered to have affirmatively consented to Socialbomb’s sharing of User
actions or User data with Twitter. Users who wish to disconnect or otherwise
disassociate their Twitter account from the Socialbomb Services, must either
remove the Socialbomb Services application from their Twitter accounts or
contact Support@Socialbomb.com, and follow the instructions provided for
disconnecting or disassociating their Twitter accounts from the Socialbomb
Services.
OUR COMMITMENT TO DATA SECURITY:
Socialbomb uses
commercially reasonable physical, managerial, and technical safeguards. We
cannot, however, ensure or warrant the security of any information that
Socialbomb receives on your behalf to operate the Socialbomb Services or that
you transmit, or authorize to be transmitted, to Socialbomb and you do so at
your own risk. We also cannot guarantee that such information may not be
accessed, disclosed, altered, or destroyed by breach of any of our physical,
technical, or managerial safeguards.
If Socialbomb
learns of a security systems breach, then we may attempt to notify you
electronically so that you can take appropriate protective steps. Socialbomb
may post a notice on the Socialbomb Services if a security breach occurs.
Depending on where you live, you may have a legal right to receive notice of
a security breach in writing.
OUR COMMITMENT TO CHILDREN'S PRIVACY:
Protecting the
privacy of young children is especially important. For that reason,
Socialbomb does not knowingly collect or maintain personal data information
on the Socialbomb Services from persons under 14 years-of-age, and no part of
Socialbomb Services is directed to persons under 14. IF YOU ARE UNDER 14
YEARS OF AGE, THEN YOU MAY NOT USE OR ACCESS THE SOCIALBOMB SERVICES AT ANY
TIME OR IN ANY MANNER. If Socialbomb learns that personal data of persons
less than 14-years-of-age has been collected on the Socialbomb Services
without verifiable parental consent, then Socialbomb will take the
appropriate steps to delete this information. If you are a parent or
guardian and discover that your child under the age of 14 has obtained a
Socialbomb Services account, then you may alert Socialbomb at www.socialbomb.com, and request that Socialbomb delete that child's personal
information from our systems.
Parents, the
following are some resources that may help you in understanding and guiding
your children's access to the Internet. While Socialbomb does not endorse
these sites or products, we provide the following information as a public
service to our Users.
·
OnGuard Online (maintained by Federal Trade Commission) http://onguardonline.gov/socialnetworking.html
·
ConnectSafely.org: http://www.connectsafely.org
·
SafeKids.com: http://safekids.com
·
NetFamilyNews.org: http://www.netfamilynews.org
·
WebWiseKids.org: http://www.webwisekids.org
·
Center for Safe
and Responsible Internet Use: http://www.csriu.org
·
GetNetWise.org: http://getnetwise.org
·
Net Nanny: http://www.netnanny.com
INTERNATIONAL VISITORS:
The Socialbomb
Services are hosted in the United States and are intended for United States
visitors. If you are using the Socialbomb Services from the European Union
or other regions with laws governing data collection and use that may differ
from U.S. law, then please note that you are transferring your personal data
to the United States and by providing your personal data you consent to that
transfer. Socialbomb disclaims any compliance with foreign law.
THIRD-PARTY ADVERTISERS AND AD-SERVING COMPANIES:
Advertisements
that appear on Socialbomb are sometimes delivered (or "served")
directly to Users by third-party advertisers or ad network companies. These
companies may automatically receive your IP address or other information
about your mobile device or personal computer when serving advertisements. These
third parties may also download cookies to your mobile device or computer, or
use other technologies such as JavaScript and "web beacons" (also
known as "1x1 gifs") to measure the effectiveness of the
advertisements served and to personalize advertising content. Doing this
allows the advertiser or ad network to recognize your computer or mobile
device each time they send you an advertisement in order to measure the
effectiveness of the ad and to personalize advertising content. These
companies may compile information about the sites or services visited when
seeing advertisements and determine which advertisements are clicked.
Socialbomb does not access or have control of the cookies that may be placed
by third-party advertisers or ad networks. Likewise, third party advertisers
and ad networks do not have access to your personal information stored with
Socialbomb unless you choose to share it with them. This Privacy Notice
does not cover the use of tracking technologies or personal data by any such
third-party advertisers or ad networks.
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY:
In the event that
Socialbomb is acquired by or merged with a third party entity, or another
form of change of control of Socialbomb occurs, we reserve the right, in any
of these circumstances, to transfer or assign the information we have
collected from our Users as part of such merger, acquisition, sale, or other
change of control so that the Socialbomb Services can continue operations.
In the 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 via notice through the Socialbomb Services of any
such change in ownership or control of your personal data information.
CHANGES AND UPDATES TO THIS PRIVACY NOTICE:
This Privacy
Notice may be revised periodically without further notice to you and this
will be reflected by the "last modified" notice below. Please
revisit this page to stay aware of any changes. We only use your personal
information in the manner described in the Privacy Notice in effect when we
received that personal information, absent your agreement to our revision of
such conduct. Your continued use of the Socialbomb Services constitutes your
agreement to this Privacy Notice and any future revisions. If we decide to
change our privacy policies, a modified Privacy Notice will be created and
Socialbomb shall take such action as it deems appropriate so that Users are
aware of what information we collect, how we use it, and under what
circumstances, if any, we disclose it.
EFFECTIVE DATE, DATE LAST MODIFIED:
Socialbomb Privacy Notice effective
as of 2-01-2009.
Socialbomb Privacy Notice last
modified on 10-09-2009.
CONTACT INFORMATION:
If you have
questions or concerns regarding this statement, you should first contact our
Privacy Manager at www.socialbomb.com.
PLEASE CONTACT
OUR PRIVACY MANAGER AT PRIVACY@SOCIALBOMB.COM OR BY POSTAL MAIL AT SOCIALBOMB, INC., 30 E. 23rd
STREET, NEW YORK, NY 10010 WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE.
WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT.
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