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Mobile Privacy

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MOBILE APP PRIVACY POLICY

Last modified: December 1, 2015

 

Introduction

 

KIPOS Labs, Inc. (“KIPOS Labs” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:

 

  • The types of information we may collect or that you may provide when you download, install, register with, access or use the Clavo app (the “App”).

 

  • Our practices for collecting, using, maintaining, protecting and disclosing that information.

 

This policy applies only to information we collect in this App and in e-mail, text and other electronic communications sent through or in connection with this App. This policy DOES NOT apply to information that:

 

  • We collect offline or through any other KIPOS Labs apps or websites, including websites you may access through this App.

 

  • You provide to or is collected by any third party (see the section titled “Third Party Information” below).

 

Our other websites and apps and these third parties have their own privacy policies, which we encourage you to read before providing information on or through them.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, install, register with, access or use this App. By downloading, installing, registering with, accessing or using this App, you agree to this privacy policy.

 

This policy may change from time to time (see the section titled “Changes To Our Privacy Policy” below). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children under the Age of 13

 

The App is not intended to be used by children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@www.kiposlabs.com.

 

Information We Collect and How We Collect It

 

We collect information from and about users of our App in two ways:

 

  • Directly from you when you provide it to us.

 

  • Automatically when you use the App.

 

Information You Provide Directly to Us. 

 

When you download, register with or use this App, we may ask you to provide information:

 

  • By which you may be personally identified, such as your name, physical address, e-mail address, mobile telephone number, and credit card information(“personal information”).

 

  • That is about you but does not identify you individually.

 

This information includes:

 

  • Information that you provide by filling in forms in the App. This includes information provided at the time you register to use the App, when posting material for other users to see in anyintegrated social media platforms,andwhen requesting any additional services (such as customer service assistance) from us. We may also ask you for information when you report a problem with the App.

 

  • Records and copies of your correspondence (including e-mail addresses and phone numbers) if you contact us.

 

  • Your responses to surveys that we might ask you to complete for research purposes.

 

  • Details of transactions you carry out through the App and of the fulfillment of your orders (e.g., the contents of your order and the time it took to fulfill it). To complete a purchase order, you may be required to provide financial information, such as your credit card information, before placing an order through the App.

 

You may also provide information to be published or displayed (“Posted”) on social media platforms or otherwebsites you access through the App (collectively, “Social Media Contributions”). Your Social Media Contributions are Posted and publicly transmitted to others, and you post such material at your own risk. Although you may be able to set certain privacy settings by logging into your account profile on such social media platforms or websites, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your Social Media Contributions. Therefore, we cannot and do not guarantee that your Social Media Contributions will not be viewed by unauthorized persons.

 

Automatic Information Collection

 

When you download, access and use the App, the App may use technology to collectautomatically the following information:

 

  • Usage Details. When you access and use the App, we may collect automatically certain details of your access to and use of the App, including traffic data, logs and other communication data and the resources that you access and use on or through the App.

 

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.

 

  • Stored Information and Files.The App also may access metadata and other information associated with other files stored on your device or on social media platforms that you integrate with the App. This may include, for example, accessing photographsyou have stored on your device or in your integrated socialmedia account should you decide to include any such photographs as Social Media Contributions.Please note that such information will only be accessed with your express permission as provided while using the App.

 

  • Location Information. This App may collectreal-time information about the location of your device when you place an order using the App. Please note that such location data will only be recorded with your express permission as provided while using the App.

 

As to Usage Details and Device Information, if you do not want us to collect this information your choice is to not download the App or delete it from your device.  As to Stored Information and Files and Location Information, you may opt out at any time by accessing and changing the privacy settings on your device. For more information, see the section titled “Your Choices about Our Collection, Use and Disclosure of Your Information” below.

 

Information Collection and Tracking Technologies.

 

We use the following technologies for automatic information collection:

 

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts or features of our App.

 

  • Web Beacons. Pages of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit KIPOS Labs, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

Online Tracking and How We Respond to ‘Do Not Track’ Signals.

 

We, alone or in connection with analytics companies we have engaged to assist in App support and maintenance functions, also may use these technologies to collect information about your activities over time and across other apps and online services (behavioral tracking), but only with respect to the App and other apps and online services that are created and maintained byKIPOS Labs (“Other KIPOS Apps”). We (or such service providers) may use the information collected in this way:

 

  • to improve our delivery of and the functionality of the App;

 

  • to improve our delivery of and the functionality of Other KIPOS Apps;

 

  • to provide you with targeted advertising from the merchant that is associated with your use of the App (e.g., a coupon for your favorite pizza place in town, as evidenced by repeat uses of the App in connection with that pizza place);

 

  • to provide you with targeted advertising from merchants associated with Other KIPOS Apps (e.g., a coupon for a new pizza place in town that also has adopted a KIPOS Labs app, which might be of interest to you given your repeat uses of the App in connection with the pizza place that is associated with the App); and

 

  • as statistical data in aggregated (and not personally identifiable) form to understand industry trends.

 

If your mobile device sends a “Do Not Track” (“DNT”) signal to the App, the App will not treat you differently from users who do not send such signals.  You may, however, choose to opt-out of targeted advertising communications from KIPOS Labs or from merchants associated with Other KIPOS Apps as described in the section below titled “Your Choices about Our Collection, Use and Disclosure of Your Information.”

 

We do not collect information about your activities when you accessother apps, websites, or online services that are provided by third parties who are not associated with KIPOS Labs.  However, some third parties, such as the merchant associated with the App, do keep track of your information and your activities as you use the App or when they serve you content through the App, which enables them to tailor the products and services they present to you.  Please see the section below titled “Third-Party Information Collection” for more information.

 

How We Use Your Information

 

We use information that we collect about you or that you provide to us, including any personal information, to:

 

  • Provide you with the App and its contents, and any other information, products or services that you request from us;

 

  • Provide you information about how to use the App or about your account on the App;

 

  • Provide you with promotional information from KIPOS Labs, targeted advertising from the merchant that is associated with the App, or targeted advertising from merchants associated with Other KIPOS Apps that may be of interest to you;

 

  • Carry out the tracking functions described in the section above titled “Online Tracking and How We Respond to ‘Do Not Track’ Signals;”

 

  • Transmit any orders you place using the App to the merchant (see the section below titled “Information Collected by Third Parties in Connection with Your Purchase Orders”);

 

  • Cause your Social Media Contributions to be Posted as directed by you;

 

  • Fulfill any other purpose for which you provide it;

 

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and

 

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

 

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

 

  • Estimate our audience size and usage patterns;

 

  • Store information about your preferences, allowing us to customize our App according to your individual interests;

 

  • Speed up your searches; and

 

  • Recognize you when you use the App.

 

While we may collect your credit card information in connection with purchase orders you place using the App, we store such information only for so long as necessary to transmit it for payment processing.  Such information is not stored on our servers.  See the section below titled “Information Collected by Third Parties in Connection with Your Purchase Orders.”

 

Analytics of Aggregated Data

 

In addition, we may use the details of your purchase order (e.g. menu item ordered, time for delivery) and the location information we collect from you through the App, in aggregated (and not personally-identifiable) form only, to perform statistical analysis and analyze market trends.  We may disclose or sell the results of such analysis, with data in aggregated (and not personally-identifiable) form only, to other third parties.

 

E-mail and Text Alerts

 

By downloading, installing, registering with, accessing or using this App, you grant us permission to use the e-mail address or the mobile telephone number you provided to send you an e-mail confirming your registration as well as e-mail or text message alerts about each purchase order you submitted through the App.  However, you may unsubscribe from this service at any time.  For more information, see the section below titled “Your Choices about Our Collection, Use and Disclosure of Your Information.”

 

Disclosure of Your Information

 

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. For one example of such disclosure, see the section titled “Analytics of Aggregated Data” above.

 

In addition, we may disclose personal information that we collect or you provide:

 

  • To our subsidiaries and affiliates.

 

  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

 

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of KIPOS Lab’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by KIPOS Labs about our App users is among the assets transferred.

 

  • To fulfill the purpose for which you provide it, including transmitting your purchase order and all associated personal information to the merchant associated with the App.

 

  • To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see the section below titled “Your Choices about Our Collection, Use and Disclosure of Your Information.”

 

  • For any other purpose disclosed by us when you provide the information.

 

  • With your consent.

 

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.

 

 

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of KIPOS Labs, our customers or others.

 

Third-party Information Collection, Disclosure and Uses

Third parties may receive information about you through the App in one of two ways:

  • When you provide information in connection with a purchase order placed through the App;
  • Through automatic information collection technologies collecting information about you or your device.

Information Collected by Third Parties in Connection with Your Purchase Orders

When you place an order using the App, the information you provide by filling in forms in the App (including your name, physical address, e-mail address, mobile telephone number, credit card information, and order details) is first transmitted through a secure server to CloverNetworks, Inc. (“Clover”) for payment processing, and then eventually transmitted from Clover directly to the merchant associated with the App.

Clover stores in its servers the information you provide in this manner, including your credit card information, securely in accordance with its Privacy Policy.  For more information, please visit https://www.clover.com/privacy-policy.

The merchant who ultimately receives your order will use the information to fulfill your order.  KIPOS Labs may also provide the merchant associated with the App with a dashboard that will enable that merchant to track and estimate the size of their customer base and analyze other ordering trends (e.g., to identify the most popular item sold in June or the neighborhoods to which they deliver most frequently on Tuesdays).  The information you provide in connection with your purchase orders will be included in this dashboard, including your personal information.

The merchant may also store and use the information you submitted with your order for various purposes, such as providing you with promotional materials regarding its products and services.  Under our agreement with them, merchants are prohibited from selling your information to third party marketers or analytics companies.  Any other uses of your information are not within the control of KIPOS Labs and you should contact the merchant directly for more information.

Information Collected by Third Parties Automatically; Uses and “Do Not Track”

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Your mobile device manufacturer;
  • Your mobile service provider; and
  • The owner of the marketplace from which you downloaded the App (e.g., the Apple App Store or Google Play).

 

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites.

 

We do not control these third parties’ tracking technologies or how they may be used. We do not control whether or not such third parties’ websites respond to DNT signals sent from your mobile device or browser.  If you have any questions about an advertisement or other targeted content, or if you would like to learn how third parties respond to DNT signals, you should contact the responsible provider directly.

 

Your Choices about Our Collection, Use and Disclosure of Your Information

 

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

 

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

 

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through your device’s privacy settings. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.

 

  • Stored Information and Files. You can choose whether or not to allow the App to access files stored on your device or in an integrated social media account, such as photographs, through your device’s privacy settings.  If you block access to such files,use of some functions of the App (such as the ability to post pictures on integrated social media platforms) may then be inaccessible or not function properly.

 

  • E-mail and Text Alerts. You can choose whether or not to allow usto use the e-mail address or the mobile telephone number you provided to send you e-mail or text message alerts about purchase orders you submitted through the App.  To unsubscribe from e-mail alerts, simply click on the link at the bottom of the most recent e-mail you received via the App marked ‘Unsubscribe.’  You may also opt-out of such alerts by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

 

  • Promotion by KIPOS Labs. If you do not want us to use your contact information to promote our own products or services, or the products and services of merchants using this App or Other KIPOS Apps, you can opt-out by clicking on the link at the bottom of the most recent e-mail you received marked ‘Unsubscribe.’ You may also opt-out of such promotionale-mails by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

 

  • Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your information with unaffiliated or non-agent third parties (other than merchants associated with the App) for advertising and marketing purposes, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

 

Accessing and Correcting Your Personal Information

 

You can review and change your personal information by logging into the App and visiting your account profile page.

 

You may also send us an e-mail at support@kiposlabs.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

If you delete your Social Media Contributions from the applicable social media platform or website, copies of your Social Media Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the social media platform or website. Proper access, content standards, and use of information provided on the App, including Social Media Contributions, is governed by the App’s End User License Agreementhttps://www.kiposlabs.com/merchantterms.html

 

Your California Privacy Rights

 

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@www.kiposlabs.com.

 

Storage of Information and Data Security

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  All information you provide to us, other than your credit card information, is stored on our secure servers behind firewalls. We do note store your credit card information in any form.  Any payment transactions and other transmitted information will be encrypted using SSL technology.

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information via Social Media Contributions. The information you share via Social Media Contributions may be able to be viewed by any user of the applicable social media platform or website.

 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

 

Changes to Our Privacy Policy

 

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

 

The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

 

Contact Information

 

To ask questions or comment about this privacy policy and our privacy practices, contact us atlegal@www.kiposlabs.com.

 

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