Privacy Policy

Last Updated: June 19, 2015

Welcome to Chatfly. Welcome to Chatfly, provided by Shoppin, LLC. Your privacy is important to us, so please take the time to familiarize yourself with our policies. As you use our services, we want to be clear how we are using your information and the ways in which you can protect your privacy.Our Privacy Policy explains:

        
  • What information we collect and why we collect it.
  • How we use that information and when we disclose it.
  • How to access and update your information
  • The steps we take to protect the information.

This Policy applies to all Personal Information we have about Users, including information obtained via the Chatfly mobile application, services, client software and websites for the Chatfly software application, as well as all Personal Information we have for Merchants, including information about Merchants’ products and services and client software (collectively, the Services).

This Policy is incorporated into and is subject to the Chatfly Terms of Use (the Terms). Any terms not defined in this Privacy Policy will have the meanings set forth in the Terms.


I. THE INFORMATION WE COLLECT AND HOW WE USE IT

We gather and use information as described below. “Personal Information” means any information that can be used to identify an individual. Personal information does not include information that has been aggregated or de-identified such that it can no longer be associated with a specific individual.

1. Information we obtain directly from you

To register for the Services. To gain full access to our Services, you must register for a Chatfly account. When you register as a User for an account, we may ask you to provide us with the following type of Personal Information:

  • Your mobile phone number or other contact information. As part of the account creation process, we may call or text you with a confirmation code that you will need to provide in order to use the Services.
  • You may also choose to connect into your social media account through the Services and we may collect personal information from the social media website. For example, when you connect with your Facebook credentials, we may collect the personal information you have made publicly available in Facebook, such as your name and profile picture.
  • We allow you to send us a photograph or image for your profile photo on the Services.
  • We may ask you to provide us with access to your contacts (e.g., your iOS Contacts) so that you may more fully use the Services. We will use these contact lists in order to facilitate your ability to communicate with other Users.


If you are a Merchant, we may obtain some Personal Information directly from you or via one of our local resellers. When you register as a Merchant, we require certain Personal Information, including the following information, to provide you with the Services:

  • Your name, company name, location, email address, and phone number, and account password, to set up your account.
  • We allow you to send us a photograph or image for your profile photo on the Services.
  • Your bank account information, to settle funds for your transactions.


The fields of the registration form that are marked as mandatory describe the minimum amount of Personal Information that we need in order to provide the services. If you choose not to provide certain Personal Information, this may affect the services that we can offer you.


To provide you with the Services. We use your Personal Information to provide the Services to you, including helping you process Your Content through the Services, and enable you to share Your Content on social networks.


To communicate with you: We may use the contact information you provide to us to communicate with you, including through e-mail communications, mobile text messages, in-App messages, and push notifications. For example, we may use your email address, phone number, or other information that you provide to us (i) to contact you to verify your email address or phone number; (ii) to contact you for administrative purposes such as customer service, to respond to your inquiries, to manage your account, or otherwise provide user support; and (iii) to provide service-related messages such as notifications, confirmations, updates, and security alerts. Where required by applicable law, we will obtain your consent to send you marketing communications by electronic means.



To allow Users and Merchants to interact: Our Services allow Users and Merchants to interact in various ways. To facilitate these interactions, we collect and process the following types of information:

  • In-App Communications between Users and Merchants. Chatfly allows Users to communicate directly with Merchants if Merchants have enabled direct communications and, to facilitate these communications, we will collect and process these communications.

  • In-App Users Communications. We allow Users to communicate via the Services and to send photos, art, and other images through the Services to other Users. We process and store Users communications on our servers for the purposes of processing and sending the communications or otherwise providing Users with the Services.

  • Customer Contact Information. Merchants may provide us with their own consumers’ contact information. We will only use the contact lists provided by the Merchants to promote Chatfly and facilitate the merchant’s ability to communicate with its consumers through Chatfly.

2. Information We Receive From Your Use of Our Services


We may receive or collect various types of Personal Information when you use our Services:

  • Location Information: We may also gather geo-location information from your device and Your Content and we may also use your mobile phone number™s country code to improve our Services and to provide Services to you. We will only collect this information if permitted by your device™s settings and will only use it in accordance with this Policy.
  • Usage Information: When you use our Services, we may record certain information from your device and your use of the Services. This information may include your IP address or other device address or ID, operating system, web browser, device type, the web pages or sites that you visit just before or just after you use the Services, the pages or other content you view or otherwise interact with on the Services, and the dates and times that you visit, access, or use the Services. We may also collect similar usage information about how many chats or communications you participate in through the Services. We may link this information to your account for fraud detection/prevention purposes or to provide you with better services.
  • Cookies and Webserver Logs.Similar to many commercial websites and software applications, we utilize “cookies” and other technologies to collect non-directly-identifiable information from our Services. “Cookies” are a feature of web browser software that allows web servers to recognize the computer or mobile device used to access a website. Cookies can remember what information a computer or mobile device accessed on one web page to streamline activities on related web pages and to make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include usage information, as described above, such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at our site. We use cookie data to measure web traffic and usage activity on our website for purposes of improving and enhancing the functionality of our website. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on our Website. Log files are used to measure, analyze, improve, and troubleshoot our Services. We may associate the information we store in cookies to Personal Information you submit while on our website. You can choose to disable cookies for our website but this may limit your ability to use our Services.
  • Information from Other Sources: We may obtain information, including Personal Data, from third parties and sources other than the Services, such as our partners and service providers. If we combine or associate information from other sources with Personal Data that we collect through the Services, we will treat the combined information as Personal Data in accordance with this Policy.

II. HOW WE USE YOUR INFORMATION

Chatfly does not sell or rent your Personal Information to marketers or third parties. We may, however, share or disclose your Personal Information as follows:

  • Other Users. Our Services enable and encourage you to send messages, including Photos or Videos, to other Users using our App.
  • Service Providers and Other Third Parties. We may share your information with service providers who perform services on our behalf, such as providing information technology services. Service providers such as analytics providers may collect information about your online activities over time and across different online services when you use our application. When we work with service providers, we require them by contract to only use or disclose the Personal Information they process on our behalf as necessary to perform certain services on our behalf or comply with legal requirements. If you are a Merchant, we may also share some of your Personal Information with our local resellers in order to provide you with the Service.
  • Merchant Payment Processing. If a Merchant authorizes a monetary transaction to be completed on your Chatfly app, you acknowledge that we may share payment transaction data and related information with the third party that provides the payment processing services. We have retained Stripe.com as a payment provider for transactions requiring processing of payment from Users to Merchants. The use of your information by such third party is subject to their applicable privacy policy, which you should carefully review.
  • Aggregate and Non-identifying Information: We may share aggregate and other non-Personal Data and log data with our partners in order to improve the overall experience of our Services. We may publicly share aggregate data about how our users interact with our Services.
  • Compliance with Laws and Law Enforcement: We will share your information if we, in our good faith judgment, believe it is reasonably necessary to: (i) investigate and defend ourselves against any third-party claims or allegations; (ii) respond to claims and legal process (including valid subpoenas, court orders, or government requests); (iii) take precautions against liability and protect the property, rights, and safety of Chatfly, our Users, or others as required or permitted by law; (iii) enforce our Terms or other agreements; (iv) prevent or stop activity we believe to be illegal, fraudulent, abusive, unethical or legally actionable; and (v) detect, prevent, or otherwise address fraud, the security or integrity of our Services and facilities or equipment used to make the Services available, or any other technical issues.
  • Business Transfers: If Chatfly is involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, our customers’ information may be disclosed and otherwise transferred to an acquirer, or successor or assignee.
  • Other Disclosures. We may also disclose your information with companies, organizations, or individuals outside of Chatfly when we have your consent to do so.

III. THE CHOICES YOU HAVE WITH YOUR INFORMATION

Subject to applicable law, you may have the right to request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, and have the information blocked or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law requirements.


To update or correct your profile information and preferences please visit the account settings page on the Chatfly app or contact us by using the contact details provide below under “How to contact us”. Note however that if you exercise your right of blocking or deletion, or if you decline to share certain Personal Information with us, we may not be able to provide to you some of the features and functionality of our Services.

If you receive promotional email from us, you may unsubscribe at any time by following the instructions contained within the email. Even after you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us regarding the Services.

If you wish to opt-out of having cookies set on your browser (as described above), the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser's technical information. You may also consider visit https://en.wikipedia.org/wiki/HTTP_cookie, which is a helpful informational site on cookies. Note that disabling cookies on your browser prevents Chatfly from following your activities in relation to our Site and Services. However, it may also disable many of the features available through our Site and Services.

In addition, although you may terminate your use of the Services, we may maintain transactional or automatically generated data about your account for Services improvement, recordkeeping, and compliance purposes, as described elsewhere in this Policy. Further, we cannot control the actions of other Users with whom you may choose to share your information. Thus, even after information posted on the Services is removed from the Services, other Users or third parties may have copied or stored information that was available on our Services.


IV. CHILDREN™S PRIVACY

We take the online protection of children very seriously. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please alert us at privacy@chatflyapp.com


V. DATA SECURITY & PRIVACY SETTINGS

We maintain reasonable administrative, technical and physical safeguards designed to protect the personal information you provide or we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you transmit to us or store on the Services. You provide Your Contents and your information to us at your own risk and are responsible for taking reasonable measures to secure your account.


VI. THIRD PARTY WEBSITES AND CONTENT

Our websites may provide links to other websites for your convenience and information. These websites may operate independently from Chatfly. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by Chatfly, we are not responsible for the websites content, any use of the websites, or the privacy practices of the websites.


VII. CHANGES AND UPDATES TO THIS POLICY

We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and apply retroactively to data collected under a prior policy, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances.

Chatfly will provide you with disclosures and alerts regarding this Policy by posting them on our website, by emailing the email address listed in your Chatfly account, and/or by mailing to the physical address listed in your Chatfly Account. Your continuous use of the Site or Services after the revised Policy has become effective indicates that you have read, understood and agreed to the then-current version of the Policy.


VIII. INTERNATIONAL DATA TRANSFERS

Some of your Personal Information may be transferred to countries other than the country where it was originally collected and those countries may not have the same level of protection as the country in which you initially provided that information. When we transfer your Personal Information to other countries, we will protect it as described in this Policy. .

By using the Services or otherwise providing Personal Information to us, you consent to the transfer of Personal Information outside of your country of residence (in particular, to the United States).


IX. OUR CONTACT INFORMATION

The entity responsible for the collection, use and processing of your personal information is Shoppin LLC. If you have any questions or suggestions about this Privacy Policy, any of our privacy-related practices, your Personal Information, or to exercise your rights of choices, please contact us You may also send your questions or suggestions to;

Shoppin LLC
Legal Department
1190 Saratoga Avenue
Suite 240
San Jose, CA 95129