Privacy Policy

Last updated: March 15th, 2017

This privacy policy (“Privacy Policy“) describes how Celebrate Labs Inc. (collectively, “Celebrate Labs” “we”, “us” or “our”) uses Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of: (i) our websites and applications for mobile, tablet, and other smart devices (the “App”) that allow you to curate and manage a directory of your contacts and corresponding significant dates and events such as birthdays, and helps to facilitate your celebration of those events with others by offering reminders, gift suggestions, and original templates to send greetings and messages (collectively, the “Services”) and/or (ii) any other website that we operate that does not post a different privacy policy (each, together with its content and services, a “Site”).  Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Service, into which this Privacy Policy is incorporated by reference. 

1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us. We provide this Privacy Policy explaining our online information practices and the choices you can make about the way Personal Information is collected and used in connection with the Service. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information.

2. Consent and Modification. By clicking the “accept”, “ok” or similar button or by downloading, installing or using the App, Service or Site, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes described herein. If you do not agree to this Privacy Policy, you may not use the App, Service or Site. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change will be effective ten (10) days following posting the revised Privacy Policy on the relevant Site or other reasonable means to notify you such as a push notification through the App.  Your continued use of the App, Service or Site ten (10) days following such posting or notice means you accept those changes.

3. Receipt and Collection of Information. We receive and/or collect Personal Information from you in the following ways:

3.1 Local Device Use Only.  You can use our App locally on your device generally without providing any Personal Information to us.  The App enables you to create a list of your contacts’ special dates (“Events List”) by importing information from your contacts list with related data and events from your calendar that are stored on your local device into the App, but this convenience features occurs on your device and does not automatically transmit any Personal Information or other data to us nor provide us with access to it.  Similarly, you may manually enter contact information and events into the App on your local device.  

3.2 Creating an Online Account.  You can create an Account with us if you would like to store your Events List, contacts’ information and other data from your local device with us to be able to synchronize the data and use the App across your multiple devices.  If you do so, we will collect the Personal Information you provide to us during the Account registration process in addition to any data you have chosen to input into the App which will then be uploaded to your online Account.  As a convenience to help your contacts celebrate you, your contacts will be able through the App to discover your own special occasions (e.g., your birthday) that you have entered during the Account registration process, although you may opt-out of this feature at any time by setting the relevant privacy toggle (e.g., “B'day Privacy”) to “private” instead of “public”.

3.3 Third Party Accounts.  In order to access and use certain App services, for example assisting you in creating an Events List, you may choose to sync with or link to a third party account that you have with Facebook, Twitter, Google Plus, or other third party websites that we designate on the App (each a “Third Party Account“). If you choose to do so then a pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we or you may perform in connection with, your Third Party Account. Please note that in order to sync with or link to your Third Party Account, you may need to be actively signed-in to your Third Party Account.  Information stored on your Third Party Account is subject to the terms and conditions and the privacy policy associated with that Third Party Account.

3.4 Share a List Feature.  The App and Service will permit an Account holder to select an event and/or a contact in order to share such information with one or more other Account holders (each, a “Share List”). The Service will store this Share List and related information from the holder’s Account about such event and/or contact, and generate a unique link that the Account holder may, through his/her own e-mail, text or other means of transmission, make available to other Account holders of his/her choosing.  The link will expire after the designated period of time noted with the link (e.g., 48 hours after generation).  Any recipient of the link must be an Account holder in order to access the actual Share List, and each recipient Account holder will have the opportunity to select the events and/or contacts he/she chooses to receive into his/her own Account.  The Service merely facilitates this exchange of information between these Account holders as directed by the Account holders, and each Account holder is responsible for ensuring he/she has the right and authorization to share this information.  We may retain records of the exchange.

3.5 Sending Greetings and Gifts.  The App helps you to create and send special event greetings to your contacts by preparing the greeting in a format to be sent, posted or received by the third party means you designate, including but not necessarily limited to: (i) third party website accounts that your contact may have (for example, by sending a message to your friend’s Facebook wall or by Tweeting your friend); (ii) an external email account; and/or (iii) third party SMS to your contact. The App may also provide you with links to third party gift providers (e.g., gift cards, flower delivery).  The actual transmission of your greeting from your local device to your recipient, and the purchase, delivery and fulfillment of your gift, is conducted by the third party provider (e.g. social media site, email service, wireless carrier, gift card provider, retailer) and not us, and therefore those transmissions and transactions are subject to the terms and conditions and the privacy policy associated with those third party providers. If you send or post a message to a designated third party account that your friend may have, we may collect Personal Information such as your, and the recipient’s, third party website account user name and id and other specified information.  The content of your greetings is yours. We do not review, monitor, “scrape”, “mine” or otherwise collect Personal Information from your messages that you store, post or otherwise utilized with our Services, with the limited exception that we reserve the right to do so as we reasonably believe we are required to do to comply with any law, regulation or government authority.  You are solely responsible for any Personal Information contained in your messages.  When purchasing a gift, once you click on the link to a third party gift provider, you will be routed to that third party provider’s website; we are not involved in, and do not collect or have access to any information about any individual purchase you may make, other than anonymized, aggregated reports from our third party providers we may receive regarding click-through statistics and the volume and types of purchases made across all of our user base.

3.6 Share with Friends Service. The App, Service and Sites may enable you to participate in our Share with Friends Service and send your friends an invitation email or message inviting them to use the App. You may do so by: (i) using the App to send or post an invitation message to a designated third party website account that your friend may have; and/or (ii) using the App or Site to send an invitation email to your friend’s external email address.  If you send or post an invitation message to a designated third party website account that your friend may have, we may collect Personal Information such as your, and the recipient’s, third party website account user name and id and other specified information.

3.7 Feedback/Questions. If you send us feedback or a question, we will receive and store a copy of your email address, as well as any other Personal Information you disclose.

3.8 App Add-ons. The App may include the option to purchase certain enhanced features or functionalities for the App. We use the tools, software or services of third party service providers (such as the Apple Store Kit) to process transactions on our behalf. You acknowledge and agree to review and be bound by the terms of use and privacy policy of those third party service providers.

 3.9 App Log-Files and Other Tracking Technologies. We may collect limited information from your device in order to provide the App and its related services. Such information may include your device type, device id, and date and time stamps of App use. In addition, we may deploy log-files and tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

3.10 Site Cookies, Log-Files and Tracking Technologies. Our Sites may utilize “cookies”, log-files, and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Site activity. Certain cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to block cookies or to notify you if you receive a cookie.

 4. The Way We Use and Share Personal Information. If you submit or we collect Personal Information through the App, Service or Site, then such Personal Information may be used and shared in the following ways:

4.1 Operations.  To provide the App, Service or Site to you, to improve them, to contact you in response to a feedback request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the App, Service or Site.

4.2 Notices.  We may send you notifications, through your device and/or our App, regarding the App, our Services and/or advertisements or other promotional materials (“Ads”). You may “Opt-Out” of receiving device notifications as described in section 6.  In-App notifications may not be disabled.

4.3 Advertisements.  In order for us to present you with Ads that may be of greater interest and tailored to you and your upcoming events, we may utilize your Personal Information to do so, but we do not share this Personal Information with the third parties.  You may “Opt-Out” of this tailored Ad delivery feature as further described in section 6.

4.4 Sharing Features.  If you choose to participate in our Share with Friends Service and send your friend an invitation email to their external email address or an invitation message to their third party website account, we (or a third party service provider acting on our behalf) will use the contact information that you provide to automatically send your friend an email or message inviting them to use the App. Your name or email address may be included in the invitation email or message. You acknowledge and agree to review and be bound by the terms of use and privacy policy of such third party service providers.  Similarly, if you choose to initiate or accept a Share List request as described in section 3.4 above, we will use your Personal Information to identify you to the other Account holder and to enable you to exchange the selected events and/or contacts and related information between your Accounts.  Unless you have opted-out of sharing your own special occasions with your contacts as described in section 3.2 above, we will make your special occasion information discoverable by other Account holders for whom we can verify by at least your phone number or another reasonable means that you appear as one of their contacts in their Account.

4.5 Third Party Providers.  We may transfer your Personal Information to our third party service providers (such as a server hosting provider), but only to provide our App and Services to you, including in-App Ads. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a privacy policy governing their processing of Personal Information.  As a courtesy, we have provided a list of such third parties and links to their privacy policies as reasonably available to us, but we assume no liability for the completeness or timeliness of such list or links.

4.6 Law, Enforcement, Security and Safety.  We may disclose your Personal Information or any information you submitted via the App, Service or Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of our App, Services or Sites, our users, yourself or the public.

5. Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the App, Service or Sites. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information that does not enable identification of an individual user, such as aggregated information about use of the Service.

6. Opting Out.   You may opt-out of receiving certain notifications from us through your device as described in section 4.2 by changing the notification settings on your device.  If you choose not to receive such notifications, you may still use the App, but you may not receive, or may be unable to use, certain Services that involve our interaction with you.  You may also opt-out of having your Personal Information utilized in order to receive tailored Ad deliveries, as described in section 4.3, by changing the relevant privacy setting through your Account with us, or by contacting us at support@bdaysapp.com.  If you opt-out of tailored Ad delivery, you may still receive in-App or device notification Ads; they simply will not have been selected for you based on your Personal Information.  We do not charge any fee for opting-out of these features.  If you have any questions or encounter difficulties opting-out on your device or your Account, please contact us at support@bdaysapp.com for assistance.

7. Choice. You have many choices whether or not to provide or disclose Personal Information. The notices that we provide on the App and Site in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still use the App and Site, but you may be unable to access certain programs and services that involve our interaction with you.

8. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your Personal Information that we may be storing, you may do so through your online Account and/or you may submit a request to us by sending an email to support@bdaysapp.com. Your email should include adequate details of your request.

9. Collection of Information by Third Party Sites. We may use a reputable third party to present or serve advertisements that you may see on the App and Site. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.  Except in the limited circumstance described in this section, our App, Services and Sites do not knowingly permit or facilitate any third party to collect Personal Information about your online activities over time via the Sites.

10. Links to Other Sites. The App and Site may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.

11. Do Not Track Signals.  Our App, Services and Sites currently do not support the ability to respond to “Do Not Track” signals that may be emitted from a user’s device. 

12. Children’s Privacy. The App, Service and Sites are not structured to attract children under the age of 13 years. Accordingly, we do not collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at support@bdaysapp.com.

13. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at support@bdaysapp.com.  Please be aware that while using the App you may store certain Personal Information on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

14. Merger, Sale or Bankruptcy. If we are acquired by or merged with a third party entity or undergo a financing or other corporate event, or if we are subject to a bankruptcy or any comparable event, we reserve the right to disclose, transfer or assign Personal Information in connection therewith.

15. California Privacy Rights. California Civil Code Section 1798.83 permits in certain situations customers who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request to us, please send an email to support@bdaysapp.com.  Please note that we may only be required to respond to one request per customer each year, if at all.

16. Governing Law.  We are located in California, U.S.A., and this Privacy Policy will be governed by California law without regard to any conflict of law principles.  Your information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of information may be less stringent than the laws in your country.  By using any of the App, Services or Sites, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy and submit to the jurisdiction of and within the State of California.

17. Commitment. We are committed to protecting your privacy. If you have any comments or questions regarding our Privacy Policy, or Personal Information that we may be storing and using, please contact us by preferred email at support@bdaysapp.com.