A. Eligibility You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for the Service. The Service is not available to any Users previously removed from the Service by us.B. Service Rules You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
C. License to Use the Service Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.
D. Accounts Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing settings that are made available to you.2. Service Availability and Our Right to Terminate We may, without prior notice, change the Service;
stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current;
(ix) violates any school or other applicable policy, including those related to cheating or ethics;
(x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
(xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following: A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service.
Cookies are pieces of code that allow for personalization of our website experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your device’s hard disk (such as your computer or smartphone) for record-keeping purposes.3. How long will cokies stay on my browser device
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device after you have finished browsing until they expire or are deleted.4. First and third party cookies
4.1 “First party cookies” are cookies that belong to us and that we place on your device. “Third-party cookies” are cookies that another party places on your browsing device when you visit our site.
5.1 We use the following types of cookies:
(a) Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
(b) Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. We may use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Online Services and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.
(c) Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you and remember your preferences (for example, your choice of language or region).
(d) Advertising cookies. These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertising partners. This means after you have been to our site you may see some advertisements about our services elsewhere on the internet.
5.2 The Annex contains more information about the cookies we use and how long they remain on your device.6. How to manage cookies from our website
(a) Cookie settings in Internet Explorer
(b) Cookie settings in Firefox
(c) Cookie settings in Chrome
(d) Cookie settings in Safari web and iOS.
7.1 Information about the cookies used by us may be updated from time to time, so please check back on a regular basis for any changes. New cookies may be added to the tables above but the types of cookies used on our site will fall within one of the categories of: strictly necessary; analytics; functionality; advertising; and targeting.
7.2 The last modification date of this document is shown at the bottom of this page.8. Quesions
Serendipity, Inc (“Serendipity“,”we“, “our“,or “us“) is committed to protecting and respecting your privacy.
Serendipity operates a service that allows you to view other people’s locations and share your locations with people you know like your family or friends or with people you may not know who are located around your location or that are connected to you via the six degrees of separation ("Users", which we make available through our apps and our website https://www.Serendipity.app (the “Service“)).
We collect the following types of information about you:
We use this information to
(i) remember information so that you will not have to re-enter it during your visit or the next time you visit the Service;
(ii) provide custom, personalized content and information, including targeted content and advertising;
(iii) track your location and movements;
(iv) identify and contact you across multiple devices;
(v) provide and monitor the effectiveness of our Service and our marketing campaigns;
(vi) monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns;
(vii) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses or User IDs; and
(viii)detect or prevent fraud or other harmful activities;
(xi) automatically update our mobile application on your system and related devices; and
(x) otherwise plan for and enhance our Service.
If you would prefer not to accept cookies, most browsers will allow you to:
(i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;
(ii) disable existing cookies; or
(iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. These browser settings that block cookies may have no effect on non-cookie technologies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.
We and our third party partners may also use information collected through tracking technologies for advertising purposes. Please see “Third Party Tracking and Online Advertising” below to learn more.2. SHARING OF YOUR INFORMATION
Personal Information: We share your personal information with third parties outside the Company and its controlled subsidiaries and affiliates in some circumstances, as follows:
Other instances in which we may share your information:We may also share your information for business purposes, as follows:
De-Identified, Aggregated, or Otherwise and Anonymized Information: We share your information with third parties in de-identified, aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual or your device. These third parties may use the anonymized information for any purpose.3. HOW WE PROTECT YOUR INFORMATION
Serendipity cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.4. YOUR CHOICES ABOUT YOUR INFORMATION
You may, of course, decline to submit any personal information through the Service, in which case Serendipity may not be able to provide its Services to you.Modifying Your Account Information and Settings:
You may modify your account information, update or amend your personal information, or change your password at any time by logging in to your account. If you have any questions about reviewing or modifying your account information, you can contact us directly at privacy@Serendipity.app.Delete Your Account and Personal Information:
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, please click on “Delete Account” at the very bottom of the Account Settings page on the Mobile Service.Emails and Notifications:
You can control your receipt of email and text alerts by visiting “Settings” and “Alert Options” within the mobile app. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. We make every effort to promptly process all unsubscribe requests. We may also send you Service-related emails (e.g., account verification, parental consent notification, order confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails.Third Party Tracking and Advertising:
We may share, or we may permit third party ad networks, social media companies, and other third-party services to collect, information about your use of our Services over time, including location information, so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites, apps or services, or on other devices you may use. We may also display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google+ and others. These third part ad partners may collect information such as click stream information, timestamp, hashed email address, device ID or Ad ID, your use of third party applications and/or precise geolocation data and other information, and may use your unique identifiers to recognize you across various devices you use. We and our advertising partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.To opt-out or control third-party tracking and advertising:
We collect location data to provide the Serendipity Services, and may share your personal information, including location data, with other Serendipity users in your contact list or with other Serendipity App Users, and with third parties for advertising or other purposes.
We collect driving event and movement data (such as accelerometer data, magnetometer data, gyro data, etc.) from your mobile device in order to identify driving event and behaviors and provide certain functionality of the Services. We may share your personal information, including driving event and movement data, with third parties for advertising and other purposes.
Our Service is only meant for people aged 13 and older. Any user under this age is not allowed to use our Service.
If you believe that we might have inadvertently collected information from a child under 13, please contact us at privacy@Serendipity.app.
ATTN: California Privacy Rights
Irvine, CA 92602
Alternatively, you may send us an email at privacy@Serendipity.app with the words “California Privacy Rights” in the subject line.9. HOW TO CONTACT US
Irvine, CA 92602
Serendipity, Inc is the data controller of the personal information we hold about you.
1.1 We collect personal information that you voluntarily submit directly to uswhen you use our Service. This can include information you provide to us when you register for an account and user profile, create or edit your user profile on the Service, update your preferences, set up geofences around a particular location, correspond with us by phone, SMS, e-mail or otherwise, or use some other feature of our Service.
1.2 We will indicate to you where the provision of certain personal information is required in order for us to provide you certain features of the Service. If you choose not to provide such personal information, we may not be able to provide the Service to you or respond to your other requests.
1.3 The table at Annex 1 sets out the categories of personal information we collect about you and how we use that information, as well as the legal basis which we rely on to process the personal information.
1.4 We also automatically collect personal information indirectly about how you access and use the Service and information about the device you use to access the Service.
1.5 The table at Annex 2 sets out the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information.
1.6 We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.
1.7 We may anonymize and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving our Service and developing new products and features. We may also share such anonymised information with others.
1.8 We will store the personal information we collect about you for no longer than necessary for the purposes set out in Annex 1 and Annex 2 and in accordance with our legal obligations and legitimate business interests.2. RECIPIENTS OF PERSONAL INFORMATION
2.1 We may share your personal information with the following:
(a) Any Others using the Serendipity App in the World: we may share your personal information, including your name, location and driving event data, with other users of our Service at your request and in accordance with your preferences.
(b) Service providers, business partners and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing payment, email or chat services, fraud prevention, web hosting, or providing analytic services.
(c) Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.
(d) Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to(i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms of Service; and/or (iii) exercise or protect the rights, property, or personal safety of Serendipity, its users or others.
2.2 Annex 1 and Annex 2 contain further information about some of the parties with which we may share your personal information.
2.3 We may also store your location, and information collected from your device (such as information generated by the gyroscope and accelerometer in your device). Serendipity collects information about your motion detection, such as speed, change in speed and other aspects of how, how much, where and when your movements are to properly show your info on SD.3. YOUR LOCATION
3.1 We collect information about your location in order to provide you certain functionalities of the Service.
3.2 We will only collect your location where it is necessary for the purposes of providing you with the location-based services features of the app as well as for the legitimate interests of Serendipity or our business partners, such as for data analytics and geofence tracking notifications and showing others on our Service. You can modify who sees your location in the settings of our Service. You can turn off location sharing by turning off the Broadcast Location feature on our Service . You can also turn off sharing your location with specific groups you create on our Service and if so, we will continue to collect your location information in order to provide you the Service. If you would like to opt out of the collection of your location information altogether, please adjust the settings on your mobile device to limit the app’s access to your location information. If this happens many features of our Service will not work.
3.3 If you no longer want to continue using the Service, uninstalling the Serendipity app or logging out from the Service will also stop us from collecting your location.4. MARKETING AND ADVERTISING
4.1 From time to time, we may contact you with information about our products and services. Most of the marketing messages we send will be by email or through push notifications on your device.
4.2 We will only send you marketing messages if you have given us your consent to do so. We will ask you if you would like to receive these messages when we first collect your contact details.
4.3 You can change your preferences at a later date by clicking on the unsubscribe link at the bottom of our marketing newsletters.
4.4 Please note that if you do opt-out of or do not grant consent to receiving marketing related messages from us, we may still send you non-marketing messages, such as communications relating to the provision of our Service or anything else that may be legally required to send.5. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
5.1 Security. We implement appropriate, commercially reasonable technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.
5.3 Privacy Shield. We comply with the EU-U.S. Privacy Shield framework and Swiss-U.S. Privacy Shield framework as set forth by the U.S.Department of Commerce regarding the collection, use and retention of personal information received from European Union countries and Switzerland (“Privacy Shield“). We have certified that we adhere to the Privacy Principles of notice, choice, accountability for onward transfer,security, data integrity, purpose limitation, access, and recourse, enforcement and liability (“Principles“).If there is any conflict between the policies in this policy and the Principles, the Principles shall govern. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. For more information regarding our Privacy Shield certification, please see: https://www.privacyshield.gov/list.6. USERS’ RIGHTS IN RESPECT OF THEIR PERSONAL INFORMATION
6.1 In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
(a) Right of access. You have the right to obtain:
(i) confirmation of whether, and where, we are processing your personal information;
(ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
(iii) information about the categories of recipients with whom we may share your personal information; and
(iv) a copy of the personal information we hold about you.
(b) Right of portability. You have the right, in certain circumstances,to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
(c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
(d) Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
(e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
(f) Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
6.3 You may also review and edit your contact and profile information by logging into your account on the app.
6.4 You also have the right to lodge a complaint to your national data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.7. COOKIES AND SIMILAR TECHNOLOGIES
7.3 Deleting or blocking cookies may not be effective for all types of tracking technologies,such as Local Storage Objects (LSOs) like HTML5.8. JURISDICTION AND ENFORCEMENT
8.1 As part of our participation in the Privacy Shield, we are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).
8.2 You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
8.4 We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, JAMS. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/for more information and to file a complaint.9. LINKS TO THIRD PARTY SITES
Our Service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.10. OUR POLICY TOWARDS CHILDREN
10.1 The Service may only be used by children age 13 or older and in some countries the age is older, as shown in Annex 3.
10.2 The age at which children need parental consent varies between EEA Countries. Please refer to Annex 3 to verify the minimum age at which children no longer need consent to use our Service (the “Minimum Age“).
10.3 If you become aware that your child under the Minimum Age has signed up for an account and provided us with personal information, without your consent, then please contact us at email@example.com so that we can take steps to remove such information and terminate any account your child has created with us.11. CHANGES TO THIS POLICY