Last Updated: January 7, 2014
I. Personal Information
“Personal Information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Services, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
II. Personal Information that we collect
We collect your Personal Information when you give it to us or give us permission to obtain it, when you use Pokgear on mobile devices, and by default when you use our Services.
a. Facebook and Twitter. By registering to use our Services, you provide and grant us access to Personal Information. You must have either Facebook, Twitter, or both to use Pokgear. In order to access the Services, you must link your Facebook account, Twitter account, or both to Pokgear. Pokgear then obtains Personal Information such as your name and your contacts’ names, but the information we obtain is limited by your and your contacts’ privacy setting on those services. Please check your privacy settings with these and any other third party services with which you may link your account. You authorize us to access and store the credentials you provide and all data or information of any kind we obtain including, for example, your name, email address(es), date of birth, gender, current city, and profile picture URL, Likes, as well as your friend list, following list, or contact list, and any Personal Information therein.
b. Interactive Functionality. Our Services contain interactive functionality that allows you to engage with other users on the Services, ask questions, answer questions, forward questions via SMS or Email, upload photographs and other content (the “User Materials”), and otherwise to interact with the Services and with other users. If you use any interactive functionality on our Services that request or permit you to provide us with personal information (including, for example, if you post an image or text to the Services that includes Personal Information), we collect the Personal Information that you provide to us in the course of using these interactive features. If you share content from the Services via built in “share” or “Forward” functionality on the Services, we collect the names and email addresses of your recipients.
c. Correspondence. If you contact us by e-mail, using a contact form on the Services, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
d. Mobile Devices. When using Pokgear on your mobile device, you automatically provide us with data about your then-current location unless you opt-out.
e. Passive Tracking. When you visit the Services, we may automatically collect Personal Information. For instance, we may collect data about the device from which you access our Services, the device’s operating system, features, and other data. Our ability to collect this data depends on your device and device settings, so please check your device settings and service provider and manufacturer policies.
III. Use of your Personal Information
We use the Personal Information we collect to
(i) provide the Services;
(ii) enhance, improve, operate, and maintain our Services, our programs, services, Web site, and other systems;
(iii) offer you a customized experience, including routing of user questions that you may be ideally suited to answer;
(iv) send you messages that may be of interest to you, such as notices of particular activity on the Services, newsletters, and promotional materials;
(v) respond to messages from you;
(vi) make it easier for your friends and contacts from third party services such as Facebook and Twitter to locate you and find content you post to Pokgear;
(vii) prevent fraudulent use of our Services and other systems;
(viii) prevent or take action against activities that are, or may be, in violation of our Terms of Service or applicable law;
(ix) maintain a record of our dealings with you;
(x) for other administrative purposes; and
(xi) for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.
If you delete the Pokgear mobile application from your mobile device, we will retain your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
IV. Your Choices
Pokgear receives some Personal Information from third party services you link to your account, such as Facebook and Twitter, and devices from which you access Pokgear. Thus, in some cases you may control the Personal Information they share with Pokgear by adjusting your account or device settings. For instance, your mobile device may offer choice on whether it shares location data with Pokgear.
V. Disclosing Personal Information
When you create content on Pokgear, anyone can potentially view that content. However, we will not distribute your Personal Information except in the following limited circumstances:
a. With your consent. We may disclose Personal Information with your consent. For example, after you link your Facebook or Twitter account, you may choose to post Pokgear activity and content, including any Personal Information, on those services.
b. With our service providers. We may disclose Personal Information to third-party service providers that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
c. To comply with law. We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Services and other users of the Services.
d. Business Transfers. Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
VI. Children under 13
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 without obtaining parental consent. If we learn that we have collected personal information from a child under the age of 13 on our Services, we will delete that information as quickly as possible. If you believe that we may have collected any such personal information on our Services, please notify us at [email protected]
The Services may contain links to other Web sites, products, or services that we do not own or operate. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them.
VIII. International visitors
Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
X. Modifications to this Policy
We may modify this Policy in our discretion at any time. If we modify this Policy, we will post the new policy or any changes on this site and update the “Last Updated” date above. Your use of Pokgear after the later of (i) the date modifications to this Policy are posted on this site and (ii) the date such modifications are set to take effect, constitutes acceptance of the Policy, as modified, and from that time your use of Pokgear will be subject to the Policy, as modified. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose personal information
XI. Notice to California Residents
California law permits residents of California to request certain details about what personal information a company shares with other companies for such other companies’ direct (and independent) marketing purposes. We do not share your information with other companies for such other companies’ direct (and independent) marketing purposes. If you have any questions about our practices with respect to your personal information or your rights under California law, please write to us at our address below.
XII. Contacting Us
If you have any questions or comments about this Policy, please contact us using the following contact information:[email protected]