Piñata Farms

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Piñata Farms Privacy Policy

Last Updated: October 1, 2020

This Privacy Policy describes the data protection practices of PiñataFarms (“PiñataFarms,” “we,” “us,” or “our”). This Privacy Policy applies to information that we collect and use about you when you access or use the PiñataFarms mobile application and other related online or mobile services that link to or otherwise present this Privacy Policy to you (collectively, the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

  • Information We Collect

  • How We Use Your Information

  • Cookies and Similar Technologies

  • Online Analytics and Advertising

  • How We Share Your Information

  • Retention of Your Information

  • How We Protect Your Information

  • Third Party Links and Features

  • Children’s Privacy

  • Marketing Choices

  • International Users

  • Privacy Notice for California Residents

  • Privacy Notice for Nevada Residents

  • Changes to Our Privacy Policy

  • PiñataFarms Contact Information

INFORMATION WE COLLECT

We collect information about you through the means discussed below. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, you may no longer be able to access or use our Services.

Information You Provide to Us

We collect a variety of information that you provide directly to us. For example, we collect information from you through:

• Account registration and administration of your account

  • Requests or questions you submit to us via online forms, email, text message, or otherwise

  • Your participation in sweepstakes, contests, or surveys

  • Uploads or posts to the Services

  • Requests for customer support and technical assistance

Information about you. The types of data we collect directly from you includes:

  • Email address

  • Name

  • Phone number

  • Log-in credentials, when you create a PiñataFarms account

  • Information about your customer service interactions with us

  • Demographic information such as your age or gender or other information you choose

    to provide as part of your PiñataFarms profile (such as a bio)

  • User-generated content you provide to us, such as when you upload videos and items,

    comment on content on the Services, respond to a survey request, or participate in

    the public forums

  • Any other information you choose to directly provide to us in connection with your use of the Services

Information about others. If you post content or items that contain images or video of other individuals, we will also collect that information. It is your responsibility to determine whether you have permission to upload images or video content of other people.

**
Information We Collect Through Automated Means**

When you use our Services, we and our service providers (which are third party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to collect information that tells us more about how you use the Services.

This information may include: your IP address, browser types, browser language, operating system, version, software and hardware attributes (including device IDs), domain names, referring and exit pages and URLs, Internet service provider, the number of clicks, content viewed and the order such viewing, date and time of use, general location information (e.g., city/state or postal code information derived from your IP address) total minutes watched, error logs, and other similar information about how you use the Services. With your permission, we may also collect precise, GPS location information, and if so, you can disable the collection of this information through your device settings.

We derive information from content you upload, which may include information about the general position and shape of faces, people, or objects, to process and create your Piñatas.

Information We Collect from Others

We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you and improve our products, analytics, and advertising.

HOW WE USE YOUR INFORMATION

We use your information for various purposes depending on the types of information we have collected from and about you, in order to:

  • Provide the Services you have requested

  • Respond to your requests for information and provide you with customer service

  • Contact you by email, postal mail, or phone regarding PiñataFarms and third-party

    products, services, surveys, research studies, promotions, special events and other

    subjects that we think may be of interest to you

  • Customize the advertising and content you see on the Services

  • Help us better understand your interests and needs, and improve the Services,

    including through research and reports, and test and create new products, features,

    and services

  • Secure our websites and applications, and resolve app crashes and other issues being

    reported

  • Comply with any procedures, laws, and regulations which apply to us where it is

    necessary for our legitimate interests or the legitimate interests of others

  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

COOKIES AND SIMILAR TECHNOLOGIES

To collect the information in the “Information We Collect Through Automated Means” section above, we and our service providers use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.

As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects, with the Flash management tools available at Adobe's website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

ONLINE ANALYTICS

We may use third-party web analytics services (such as those of Google Analytics and Mixpanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on. For other analytics activities, please see the information in the Cookies section above about how to disable cookies.

If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

HOW WE SHARE YOUR INFORMATION

PiñataFarms will share your information in the following ways:

Affiliates and Subsidiaries. We may share information we collect within the PiñataFarms family of companies to deliver services to you, ensure a consistent level of service, and enhance our products, services, and your customer experience.

Service Providers. We provide access to or share your information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including marketing, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.

Protection of PiñataFarms and Others. By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of PiñataFarms, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

Public Forums and Messaging Services. Certain features of our Services make it possible for you to share comments either publicly or privately with other users. Any information that you submit publicly is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you share privately with other users can be used and shared by such other users, and we may need to access and use such information if necessary for analyzing use of our services or for legal or safety purposes. Accordingly, please take care when using these features.

Aggregate/De-Identified Information. From time to time, we may share Aggregate/De- Identified Information about use of the Services, and the sharing of such data is unrestricted.

RETENTION OF YOUR INFORMATION

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

HOW WE PROTECT YOUR INFORMATION

PiñataFarms takes technical and organizational security measures to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to PiñataFarms via the Internet.

THIRD PARTY LINKS AND FEATURES

The Services may contain links to third-party websites such as social media sites, and also contain third-party plug-ins (such as social media share buttons). If you choose to use these sites or features, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

CHILDREN’S PRIVACY

The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

MARKETING CHOICES

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by applicable law. For example, you may not opt out of certain operational emails, such as service or registration notifications, legal updates, or password reset communications.

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your "personal information" (as defined in the California Consumer Privacy Act ("CCPA")).

Categories of personal information we collect. Throughout this Privacy Policy, we discuss in detail how we collect, use, and share personal information about our users. Under the CCPA, we are also required to provide you with the relevant "categories" of personal information we collect. The categories we collect include: identifiers (such as name, username, online identifier, internet protocol address, email address, or other similar identifiers); internet or other network or device activity (such as browsing history and information on interaction with the Services); geolocation data (general location information at an IP-based or city/state/zip level); demographic information (such as age and gender); physical characteristics or description (such as photos and videos of you); and other information that identifies or can be reasonably associated with you (e.g., information you voluntarily provide as you use the PiñataFarms services, such as additional profile information or user-generated content).

The sources from which the categories of personal information are collected and uses. We collect the personal information from the following categories of sources: directly from the information you provide to us; indirectly from our affiliates, service providers, and third parties with whom you have a direct relationship; other users that may post content containing your image; and indirectly through your use of the Services.

Use and sharing of categories of personal information.

For information about how we use and share the information we collect from and about you, see the “How We Use Your Information” and “How We Share Your Information” sections above. Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not engage in such activity.

Your California privacy rights. CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain

requests about your personal information. Specifically, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you and the categories of sources of such information;

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

  • Provide you with the specific pieces of personal information we collect about you; and

  • Delete personal information we have about you.

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 Services to you. You may only make such a request twice within a twelve-month period. Requests are generally free; however, we may charge a reasonable fee or deny your request if it is manifestly unfounded, excessive, or repetitive.

To make a CCPA request, please email us at privacy@pinatafarm.com. We will request information, which at a minimum will include your name and email address, to verify your identity. We may request additional information to verify your identity before responding to a request. Under the CCPA, you may have an authorized agent submit a request on your behalf, and we will collect certain authorization and verification information from the agent and you in such circumstances.

The CCPA further provides you with the right to receive information about the financial incentives that we offer to you, if any, and the right not to be discriminated against for exercising your rights under applicable law.

Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

PRIVACY INFORMATION FOR NEVADA RESIDENTS

Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at privacy@pinatafarm.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date" included at the beginning of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. Depending on the type of changes we make, we may provide you with additional notice or choices under applicable law.

INTERNATIONAL USERS

The information discussed in this Policy is processed in the United States by PiñataFarms, and in the United States and elsewhere by our service providers. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By providing us with your information, you acknowledge any such transfer, storage or use.

Depending on your jurisdiction of residence, you may have certain rights with respect to your information (e.g., access, deletion, correction). Please contact us at the information below to submit such a request and we will process your request in accordance with our legal obligations.

CONTACT INFORMATION

Please feel free to contact us if you have any questions about PiñataFarms' Privacy Policy or the information practices of the Services. You can email us at privacy@pinatafarm.com.