PopUp Privacy Policy

Privacy Policy

Our privacy policy (the “Privacy Policy”) explains how information is collected, used and disclosed by PopUp, Inc. (“PopUp” or “us”) with respect to your access and use of the PopUp mobile app, any other App provided by PopUp, and services provided through the PopUp website (collectively the “Service”). This Privacy Policy is intended to be read in connection with the Terms of Use governing the Service (the “Terms” and, along with the Privacy Policy, the “User Agreements”) which are available at http://www.popupapp.co/terms. Capitalized terms used in this Privacy Policy and not otherwise defined have the meaning given such terms in the Terms.

We may revise this Privacy Policy from time to time, provided that we shall provide a copy of such revised privacy policy at http://www.popupapp.co/privacy. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised privacy policy.

If you have any questions or concerns about our Privacy Policy, please contact our privacy team at: legal@popupapp.co.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE USER AGREEMENTS, OR ARE NOT CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH POPUP, YOU MAY NOT USE THE SERVICE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. YOU ARE ENCOURAGED TO PRINT AND TO READ THE USER AGREEMENTS CAREFULLY AND TO CONTACT US WITH ANY QUESTIONS THAT YOU MAY HAVE BEFORE COMMENCING YOUR USE OF THE SERVICE.

What Information Do We Collect?

We collect certain information you provide to us when using the Service, such as when you create an account and profile (including your Account information as described in the Terms), send us an email, create a popup or post information or other Content to the Service. We may collect certain personal information, like your name, picture, email address, phone number and/or certain other Content, as well as certain information that is not typically considered to be personally identifying, like your gender, birthday and zip code. We may also collect the contact information of your friends, if you choose to connect your contacts and address book information with the Service and your login credentials to any Linked Accounts (as described in more detail in the Terms) if you choose to connect those accounts with your Account.

In addition to the information described above, we also automatically collect certain information when you use the Service, such as your location/GPS coordinates, a device identifier, MAC address, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on the Service, including from within various Apps and/or the PopUp website(s). THIS INFORMATION IS COLLECTED AUTOMATICALLY IN CONNECTION WITH YOUR USE OF THE SERVICE AND THERE IS NO WAY TO OPT OUT OF OR TO DISABLE OUR COLLECTION OF SUCH INFORMATION. IF YOU ARE UNCOMFORTABLE WITH THIS ASPECT OF THE SERVICE YOU SHOULD NOT USE THE SERVICE. TO LEARN MORE ABOUT HOW THE SERVICE TRACKS YOUR LOCATION AND HOW THIS INFORMATION IS USED, PLEASE CONTACT US AT legal@popupapp.co.

We may also analyze your use of the Service with third party software that allows us to monitor and record your navigation and usage activities, in order to better customize and improve the Service and/or other products. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.

We may also automatically collect certain information through the use of "cookies”. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with the Service, to monitor aggregate usage by our users and web traffic routing on the Service, and to improve the Service and/or to offer additional services or products. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

How Do We Use the Information We Collect?

We use the information collected through the Service, as described above, for the purposes described below:

to provide the Service and/or other 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 Service and/or our other services and products and your experiences when you use the same, such as providing content or features that match your profile or interests (including ads), and to increase the functionality and user friendliness of the foregoing;
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 Service;
to allow you to add your location to your posts and/or to otherwise modify the Content in accordance with the Terms;
to find and connect with your friends (when instructed by you);
to let your friends know about your Content;
for any other purpose for which the information was collected or for which you have subsequently provided consent.

What Information Do We Share With Third Parties?

We will not share personally identifiable information that we have collected from you, except as described below:

with your friends on the Service (including on any App) with whom you want to share your Content, and according to the preferences set in your Account;
with certain social networking services (including Linked Accounts), if you allow such sharing through the Service;
with service providers who are working with us in connection with the operation of the Service and/or the improvement or development of the Service and/or additional services or products (these service providers have access to your personally identifiable information only to perform services on our behalf and are subject to commercially reasonable non-use and non-disclosure provisions with respect to your personally identifiably information);
we may aggregate personally identifiable information into a non-identifiable form and share it with third parties for advertising, industry analysis, demographic profiling and other similar purposes;
when you give us your consent to do so, including if we notify you that the information you provide will or may be shared in a particular manner and you provide such information;
when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
to enforce or apply the terms and conditions of the User Agreements and/or any other polices or agreements to which you are subject; and
in connection with, or during negotiations of, any merger, sale of company assets, financing, change of control transaction or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

We are not responsible for the actions of service providers or other third parties, including with respect to your personally identifiable information, nor are we responsible in the event you choose to provide any information directly to any third parties, irrespective of whether you have also provided such information to us.

Links to Other Sites

The Service, as well as Content created, made available or distributed in connection with the Service, may contain links to other sites. Any information you provide on or to those sites is provided directly to the owner of that site and is subject to that party's privacy policy. Our privacy policy does not apply to such sites, and we are not responsible for the content or privacy and security practices and policies of those sites.

What Steps Do We Take To Protect Your Information Online?

We take commercially 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. As a result, we cannot ensure or warrant the security and privacy of any of your information or of your or our network and/or security systems, and your transmittal of any information to us and your use of the Service is solely at your own risk. If you have any questions regarding the security of the Website or the Service you are encouraged to contact our privacy team at the email address set forth above.

In addition to the steps that we take to protect your personal information, you are encouraged to take reasonable steps to protect your own information, including safeguarding your username, password and your other Account information. You should not share this information with third parties and, if you believe that any of your Account information has been compromised, you should notify us immediately and/or change your Account information as directed through the Service.

Accessing and Modifying Your Information

If you have an account, you can access and modify the personal information you provided us that is associated with your Account. You may "opt out" of receiving marketing or promotional emails from us by changing your account preferences or by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us, about your Account, our services and other pertinent information related to our services. These communications are considered part of the Service and your Account, which you cannot opt-out from receiving.

Our Policy Toward Minors

The Service is not directed to children under 13 and we do not knowingly 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. Please notify us at legal@popupapp.co if you have any questions or concerns regarding underage children and their use of the Service.

Questions?

Please contact us if you have any questions about our privacy policy.

Effective: November 1, 2012