A. Understanding Information Available in OptimizeMe’s App
OptimizeMe’s App allows you (1) to input information about you directly into the App and (2) to integrate with unrelated third party data generating sources (e.g. Moves) to add information to the App, both of which may contain personal or personally-identifiable information. Information you add directly into the App about yourself remains exclusively on the device. Information you integrate into the app from unrelated third party data generating sources is stored on the device and the servers of the respective third party, pursuant to their separate privacy policies.
B. OptimizeMe May Collect the Following Personally Identifiable Information (PII) from you
Personally Identifiable Information (“PII”) is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. OptimizeMe collects PII from you only when you voluntarily provide it to us, as provided herein and above, or in instances in which you must provide such information to use features of the Software and Services. OptimizeMe may collect this PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Software and Services, through requests initiated by you through the Software and Services, and through communication with third parties.
We may share PII with our parent, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. Your PII will not be sold to unaffiliated third parties without your approval at the time of collection, however, your non-PII may be. You agree to inform OptimizeMe of any changes to your PII, and protect the security of your username, password and PII.
Our primary goals in collecting information is to provide you with the product and services made available through the App, including, but not limited, to communicate with you, and to manage your registered user account, if you have one, and to improve the Software and Services. Here is the PII that OptimizeMe may collect from you:
- Any information that you voluntarily submit/input to the Software and Services, for example, without limitation:
- First and last name;
- Email address;
- Social media account logins;
- Your mobile device information, including, without limitation, device type, ID, model number, operating system, application, and related information;
- Payment information, including, without limitation, credit/debit card, merchant account, or other payment information; and
- Other required account or other information to utilize the service.
- Your MAC and/or IP address.
C. OptimizeMe May Also Collect the Following Non-PII from you
OptimizeMe may collect non-PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Software and Services, including the Website and/or App, through requests initiated by you through the Software and Services, and through communication with third parties. Your computer, mobile device and browsing activities may also be stored through the use of various third party tools, such as GoogleAnalytics, and through other sources permitted by law.
We may share non-PII with our parent, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. Your non-PII may be sold to unaffiliated third parties without your approval at the time of collection.
Here is the non-PII that OptimizeMe may collect from you:
- Your use of the Software and Services, including, without limitation, number of activities logged by category (e.g. health, creativity, pleasure, routine), number of days logged, number of goals used, number of groups used, number of people logged, number of places logged, number of photos made, and number of comments added;
- Your geolocation;
- Your access devices;
- Your use of the Software and Services, including, without limitation, page views, frequency of use, statistics, functionality utilized, and pages visited;
- Your browser and search engine information;
- Information stored in tracking technology, such as cookies, pixel tags, or web beacons, as well as log files;
- Analytic data from third party providers, including Google Analytics; and
- Any other additional analytic data that you voluntarily submit to the Software and Services.
D. OptimizeMe Uses this PII and Non-PII Information
Provide you with the Software and Services, communicate with you, identify and fix problems with the Software and Services, update you on changes to the Software and Services, communicate with you concerning your account, if applicable, to complete a transaction you initiated, process payments, and to update you on OptimizeMe’s services offered through the Software and Services or the services of third parties. You further authorize the following uses:
- enable your use of the Software and Services;
- improve algorithms;
- measure service usage;
- publish summaries online or offline;
- develop new features;
- contact and communicate with you, whether through email, telephone, text messages, push notifications or messages within the Software and Services;
- customize and/or tailor the Software and Services and your user experience, which may include targeted selection and display of third party advertisements within the Software and Services (i.e. behavioral advertising);
- display your public username, city, reviews, comments, public photos, public profile information and other content YOU post to the Software and Services which is meant for public consumption;
- advertise products and services of OptimizeMe;
- provide you with information or services that may be of interest to you;
- transmit and process your information and actions within the Software and Services;
- provide statistical information, and include you in the same, where applicable;
- provide you with technical service and support, including updates;
- provide you with information concerning OptimizeMe’s benefits or services;
- store, archive, retrieve, and make copies of your User-Generated Content;
- understand your needs and requests;
- communicate promotions or other offers;
- process payments;
- allow in-app communications and purchases;
- combine your Personal Information with information from other OptimizeMe applications and/or services;
- promote mobile applications OptimizeMe develops for other related apps; and
- facilitate your use of the Software and Services, its upgrades, or its replacements.
You understand and agree that OptimizeMe will not be held responsible for any third party communications sent by entities that OptimizeMe does not own or control or for any third party links (including advertisements). You are encouraged to review any third party privacy policies before utilizing any such third party service.
E. OptimizeMe Stores Your PII and Non-PII in the Following Manner
As noted above, OptimizeMe only stores limited information about you. The majority of your information is stored on your device and is subject to the security and privacy policies of your device and storage providers. If OptimizeMe is using a vendor, all data storage by the vendor is consistent with the vendor’s policies. All data storage by Optimize of your PII or Non-PII may be stored and processed on computers outside the European Economic Area and, through your use of the Software and Services, you unequivocally consent to this. You understand and agree that OptimizeMe may continue to store your information after you cease use of the service or disable your use of, access to, or otherwise of the App.
OptimizeMe uses commercially reasonable and standard technology to help prevent against the unauthorized disclosure of your personal or personally identifiable information. Though it undertakes commercially reasonable efforts to protect your personal and personally identifiable information, no software or service is completely safe. Accordingly, you provide all such personal or personally identifiable information at your own risk.
F. OptimizeMe May Share your Information with Third Parties in the Following Circumstances
Where OptimizeMe has obtained your consent, including when you choose to share your information via social media, email, etc.; where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Software and Services and/or services associated therewith; where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with OptimizeMe’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners; where OptimizeMe has been purchased by a third party; where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities; where your personal or personally identifiable information is demanded by a court order or subpoena; where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of OptimizeMe; and where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty. You understand and agree that OptimizeMe may specifically share your information with mobile service providers, or search engine providers, in order to complete the services offered through the Software and Services.
OptimizeMe may share or disclose non-private, aggregated or otherwise Non-PII in the aggregate with third parties, such as advertisers, licensees and content distributors.
G. Requests Regarding OptimizeMe’s Collection, Use, or Sharing of your Information and Opt Out
If, at any time, you prefer not receive communications from OptimizeMe, simply follow the unsubscribe options at the bottom of each such communication or contact us directly. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive our emails for up to ten business days as OptimizeMe processes your request.
H. California Residents
California residents have the right to receive information that identifies any third party companies or individuals that OptimizeMe, has shared your PII with in the previous calendar year, as well as a description of the categories of PII disclosed to that third party. You may obtain this information once a year and free of charge by contacting OptimizeMe at the address below.
OptimizeMe ignores Do Not Track requests.
I. Children’s Online Privacy Protection Policy
The Software and Services are not intended for or directed to users under the age of 18, and OptimizeMe does not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, OptimizeMe takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Software and Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by OptimizeMe, please contact us immediately so appropriate steps may be taken to remove such information from OptimizeMe’s database.
J. Contact and Notices
Effective Date: December 3, 2013