Privacy Policy

Last updated October 15, 2020

INTRODUCTION

Proscenium Applications Inc., and its affiliates, subsidiaries and related companies (individually or collectively “we” or “us” or “our”) respects the privacy of our users, whether personally or on behalf of an entity (collectively “user”, “you” or “your”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website http://www.proscenium.com and/or use our related mobile applications, including any other media form, media channel, mobile website, or mobile or desktop application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully.  If you do not agree with the terms of this privacy policy, please do not access the Site and you must discontinue use and/or uninstall any applications related to the Site immediately. Continued use of the Site and its related mobile applications signifies your continued acceptance of this Privacy Policy and any changes, modifications and updates thereto.

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to personally receive specific notice of each such change or modification. 

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data 
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site and/or use our mobile application. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and our mobile application.

Derivative Data 
Information our servers automatically collect when you access the Site may include your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.

Financial Data 
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site or our mobile application. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, STRIPE (https://www.stripe.com/), and you are encouraged to review each financial payment processor’s specific privacy policy and contact them directly for responses to your questions, as you will be subject to such financial payment processor’s privacy policy and terms of use.

Mobile Device Data 
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Third-Party Data 
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Mobile Application Information
If you connect using our mobile application:

  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings

  • Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

  • Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

USE OF YOUR INFORMATION 

Having accurate information about you and your use of the Site and/or our mobile applications permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Site or our mobile applications to:

  • Assist law enforcement and respond to subpoena.

  • Compile anonymous statistical data and analysis for use internally or with third parties. 

  • Create and manage your account.

  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site, and/or our mobile applications, to you. 

  • Email you regarding your account or order.

  • Enable user-to-user communications.

  • Fulfill and manage purchases, orders, payments, and other transactions related to the Site and/or our mobile applications.

  • Generate a personal profile about you to make future visits to the Site and/or our mobile applications more personalized.

  • Increase the efficiency and operation of the Site and/or our mobile applications.

  • Monitor and analyze usage and trends to improve your experience with the Site and/or our mobile applications.

  • Notify you of updates to the Site and/or our mobile applications.

  • Offer new products, services, mobile applications, and/or recommendations to you.

  • Perform other business activities as needed.

  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

  • Process payments and refunds.

  • Request feedback and contact you about your use of the Site and/or our mobile applications. 

  • Resolve disputes and troubleshoot problems.

  • Respond to product and customer service requests.

  • Solicit support for the Site and/or our mobile applications.


DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:  

By Law or to Protect Rights 
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers 
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. 

Interactions with Other Users 
If you interact with other users of the Site and/or our mobile applications, those users may see your name, profile photo, including sending invitations to other users, chatting with other users. 

Online Postings
When you post comments, “Submissions” or other content to the Site and/or our mobile applications, your posts may be viewed by all users and may be publicly distributed outside the Site and/or our mobile applications in perpetuity. 

Affiliates 
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners 
We may share your information with our business partners to offer you certain products, services or promotions. 

Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. 

Sale or Bankruptcy 
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from such third parties, you are responsible for contacting the third party directly to decline such communications.

THIRD-PARTY WEBSITES

The Site and/or our mobile applications may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site and/or our mobile applications, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third-party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site and/or our mobile applications.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware 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.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

POLICY FOR CHILDREN

Our Site and/or mobile applications are generally directed to adults and not intended for use by children under the age of 13 and we do not knowingly solicit information from or market to children under the age of 13.  We do not allow children to provide their “personal information” (as defined by the U.S. Children’s Online Privacy Protection Act or “COPPA”) through use off the Site and/or our mobile applications Services, and we will delete such information in a reasonable period of time if we become aware of it.  If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

CONTROLS FOR DO-NOT-TRACK FEATURES  

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy

OPTIONS REGARDING YOUR INFORMATION

Account Information
You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account

  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and/or comply with legal requirements.

Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Site and/or our mobile applications.

  • Logging into your account settings and updating your preferences.

  • Contacting us using the contact information provided below.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly to decline such communications. 

CALIFORNIA PRIVACY RIGHTS

This California Privacy Rights Notice applies to visitors to our Site, users of our mobile applications, and customers in California.  This notice gives California residents additional information about our information collection and use practices required by the California Consumer Privacy Act of 2018 (“CCPA”), and also provides California residents with specific privacy rights.  If a company shares “personal information” (as defined in California’s “Shine the Light” law, Civil Code § 1798.83) with third parties for their direct marketing purposes (e.g., to send offers and information that may be of interest to you), California law requires either providing a mechanism by which consumers can obtain more information about such sharing over the prior calendar year, or providing a mechanism by which consumers can opt out of such sharing.  If you are California residents you may request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. 

Specifically, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information, the business or commercial purpose for collecting your personal information, and the categories of third parties with whom we share/disclose personal information;

  • Provide access to and/or a copy of certain personal information we hold about you;

  • Delete certain personal information we have about you; and

  • Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law.  For example, we need certain information in order to provide the Site and our mobile applications to you.

We will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, e-mail address, and physical address.

You are also permitted to designate an authorized agent to submit certain requests on your behalf.  In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney.  We may also follow up with you to verify your identity before processing the authorized agent’s request.

California Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information.  Under the CCPA, “sale” is broadly defined to mean the sharing of personal information with third parties who are not acting as our service providers or who are otherwise not restricted from using data only on our behalf or pursuant to an applicable CCPA exception.

In some circumstances, we may share certain of your information with third parties to provide you with offers, promotions, and opportunities that may be of interest to you, which may be considered a “sale” under the CCPA.  Under the CCPA, “sale” may also include allowing third parties to “collect” certain information, such as IP address, and/or browsing behavior, through cookies and similar technologies, to deliver targeted advertising on the Services or other services.  Advertising, if any, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your access, deletion or sale opt out rights.

If you are under 18 years of age, reside in California, and have a registered account with the Site and/or our mobile applications, you have the right to request removal of unwanted data that you publicly post on the Site and/or our mobile applications. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Site and/or our mobile applications, but please be aware that the data may not be completely or comprehensively removed from our systems.

As discussed above, we provide an opt out for this sharing.  If you are a California resident and would like to make such request and opt out of sharing such information or of our use of your information for such purposes that are considered a “sale” under California law, pursuant to this law, please submit your request in writing to us using the contact email provided below.

GOVERNING LAW AND VENUE 

This Privacy Policy, your use of the Site, and any disputes arising out of or related hereto, shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles United Nations Convention on the International Sale of Goods.  Those who choose to access the Site and/or mobile applications from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. By using the Site, and/or mobile applications, you agree that the courts in Florida shall have the exclusive jurisdiction, and shall be the exclusive venue, to adjudicate any disputes arising out of or related to this Privacy Policy, or its formation, interpretation or enforcement, and you hereby consent and submit to such courts.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at: feedback@proscenium.app.