Welcome to Phynder. The Phynder mobile application (“Phynder”) is operated by NOV8 Apps LLC, a New York limited liability company, (“we,” “us,” and “our”) and provides a mobile user-to-user classified listing platform (the “site”) to allow users (each, a “user” or “you,” and collectively, “users”) who comply with the our Terms of Use to offer, sell, and buy products, goods, or items directly to or from other users.
At Phynder, we respect our users’ privacy and take our responsibility to protect your information. We always remain open and transparent about our privacy practices, including how we treat the personal information that we collect or receive from our users. Accordingly, we have established this Privacy Policy to describe our practices with respect to your personal information. We invite you to email us at contact@phynder.com if you have any questions or concerns about anything contained in this policy.
This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully before you access or use Phynder or any of the services or features offered on or through our site. By accessing and using our site and its services and features, you are accepting the terms of this Privacy Policy.
1. What Information Do We Collect?
Personal Information. We receive, collect, and process certain personal identification information from you when you visit and use our site, such as when you create an account on our site, post a comment, subscribe to a newsletter, buy or sell an item, or in connection with other services or promotions we may from time to time make available on our site. By using our site, you are authorizing us to gather, parse, and retain data related to the provision of the site.
Information You Provide To Us. In order to connect to or register as a user with Phynder, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other Phynder users. You will also be asked to allow Phynder to collect your location information from your device when you download or use the site. In addition, we may collect and store any personal information you provide while using our site or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. This may also include information you post in order to sell any item on the site, including any photographs, written descriptions, and your location, as well as any offers you like on the site. You may also provide us photos, a personal description, and information about your sell or search preferences, such as distance, price range, and item categories. If you make any reviews, ratings, or comments, chat with other Phynder users, or contact us with a customer service or other inquiry, you provide us with the content of those communications.
Non-Personally Identifiable Information. When you use our site, we automatically collect and record certain non-personally identifiable information about your use.
Information Collected Automatically. We automatically collect information from your browser or device when you visit our site. This information could include your Internal Protocol address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location while our application is actively running, and the referring website address.
Cookies And Use Of Cookie Data. When you visit our site, we may assign your device one or more cookies to facilitate access to our site and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on our site, such as the pages you visit, the time and date of your visits and the links you click. If we advertise, we (or third parties) may use certain data collected on our site to show you Phynder advertisements on other sites or applications.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site and to deliver or communicate with cookies. We also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer users, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information Collected By Third-Parties For Advertising Purposes. We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-anonymized personal information to third parties. Some of these third- party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org). Opting out will not decrease the number of advertisements you see.
Social Media Features And Widgets. Our site may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.
2. How Do We Use The Information We Collect?
In General. We may use your personal information to:
communicate with you, such as to respond to your inquiries, send you notifications, or notify you of any changes to any legal terms applicable to our site or any changes to this Privacy Policy;
deliver and improve our application, features, and services and manage our business;
track and analyze the usage of our site and account activity
perform research and analysis about your use of, or interest in, our or others’ products, services, or content;
develop, display, and track content and advertising tailored to your interests on our site and other sites, including providing our advertisements to you when you visit other sites;
establish and maintain your account and process transactions with us;
display account activity to our users;
verify your eligibility and deliver prizes in connection with contests and sweepstakes;
review our compliance with all applicable laws, regulations, and orders;
enforce legal terms that govern your use of our site; and
for any other specific purposes for which the information is collected and maintained as specified in this Privacy Policy.
Job Applicants. If your personal information is submitted through our site when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information, but only for the purpose of considering your application for current or future available positions. This information, which may include your name and contact information, prior education and experience, and other information you provide to us, may be shared with third-party service providers retained by us to collect, maintain, and analyze candidate submissions for job postings.
In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our site from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.
3. With Whom Do We Share The Information?
Information Shared With Other Users. When you register as a user of Phynder and post an item for sale, your Phynder profile will be viewable by other users of the site. Other users will be able to view information you have provided to us directly or through Facebook, such as your Facebook photos, any additional photos you upload, your first name, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile, such as common Facebook friends. If you click “thumbs up” or swipe right to say “like” to a seller’s posting, you will automatically be able to chat with the seller. Once you initiate a chat, the seller will see the content of your chat and your profile information. As part of the buying and selling process on our site, Phynder will share certain information between the two users involved in the transaction, such as the user’s name and email address. As described in our Terms of Use, you have a limited license to use this information and may only use it for Phynder-related communications or for Phynder-facilitated transactions.
Personal Information. We do not share your personal information with others except as indicated in this Privacy Policy, when you have authorized us to do so, or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Service Providers. We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include processing transactions and payments, processing communications, fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our site functionality (such as data storage providers), and supporting contests, sweepstakes, surveys, and other features offered through our site. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Other Situations. We may disclose your information, including personal information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated And/Or Non-Personal Information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our site or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of analyzing usages and trends, improving or enhancing our site, improving existing features and services and developing new ones, conducting general business analysis, or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to http:// www.aboutads.info/choices/. We may also publish this information for promotional purposes or as a representative audience for potential advertisers or investors.
4. Do We Collect Information From Children?
Phynder is not intended for and does not knowingly collect information from any persons under the age of 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we may in our discretion delete that information. If you believe that your child has registered on our site or that we have collected information from your child, please contact us immediately at contact@phynder.com
5. What Security Measures Do We Take With Respect To Your Information?
The security of your personal information is important to us. Your account information is protected by a password and all information will be stored in Amazon S3 Servers. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. We encrypt sensitive information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is fully secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6. How Long Do We Retain Your Information?
If you have a Phynder account, you have the ability to review and update your personal information within the site by opening your account and going to settings. We will retain your information for as long as your account is active or as needed to provide you our services. If you no longer want us to provide you services, you may close your account. If you close your account, we will retain and use certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, comply with our legal obligations, resolve disputes, take actions we deem necessary to protect the integrity of our site or our users, or take other actions otherwise permitted by law. Because transactions involve two users, we cannot delete information associated with your past transactions with other users on the site. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
7. Information You Provide About Yourself While Using Our Site.
We provide areas on our site where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Use. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
8. Amendments to this Privacy Policy.
We reserve the right to amend or revise this Privacy Policy, in whole or in part, at any time in our sole discretion. Any such amendments will take effect on the earlier of when they are posted on our site or the date you are notified by email communication (at the email address provided in your account). Your use of our site or its products and services after such amendments have been posted shall constitute your agreement to and acceptance of such amendments.
9. Governing Law and Dispute.
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the site. This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions therein. Any claim or dispute arising out of or relating to this Privacy Policy shall be adjudicated in the state and/or federal courts of the State of New York, County of New York, and you submit and consent to the exclusive personal jurisdiction and venue in such courts.
International Users. If you are located anywhere outside of the United States, please be aware that information we collect, including, personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the site or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
Notice to California Residents. Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), Phynder users who are residents of California may request certain information regarding the disclosure of your personal information during the immediate prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following email address:
send us your request via email to contact@phynder.com.
10. Questions And Comments
If you have any questions or concerns, please email us at contact@phynder.com.
Effective: November 10, 2014