ZapVM Privacy Policy

ZapVM Privacy Policy

1.0 GENERAL

1.1 EFFECTIVE DATE: This Privacy Policy is effective as of January 21, 2014.

1.2 This ZapVM Privacy Policy (the “Policy”) explains how Jigsaw Informatics, Inc. (the owner of ZapVM, which may also be referred to in this document as “Jigsaw”, “we”, “us” or “our”) collects, uses, shares and protects information in relation to ZapVM related mobile services, the ZapVM web site(s), and any ZapVM software applications (including mobile applications) provided via or in connection with ZapVM services (collectively, the “Service”), and your choices about the collection and use of your information.

1.3 By using the Service you understand and agree that Jigsaw is providing a platform for you to create, modify and post or upload content, including photos, video, voice, text, annotations, comments and other materials in the form of “Zaps” (also known as “Zap Messages,” “Zap Videos,” “Zap Visual Messages,” “Zap Video Messages,” and “Zap Realtime Visual Messages” and associated content (collectively, “User Content” or “User Generated Content”), to the Service and to share such User Content publicly via the ZapVM website and a variety of methods including email, text, social media sites and Zap Links to same. This means that other Users may search for, see, use, and/or share any or all of your User Content that you make publicly available (either intentionally or as an effect of using the Service), consistent with the terms and conditions of this Privacy Policy and the Jigsaw ZapVM Terms of Use (which may be found at www.zapvm.com/terms ).

1.4 This ZapVM Privacy Policy applies to all users, visitors and others who access the Service (“Users”) by any and all means.

2.0 INFORMATION WE COLLECT

When you use the Service, Jigsaw collects the following types of information:

2.1 Information You Provide to Jigsaw Directly:

a) Your username, password and e-mail address when you register for a Jigsaw ZapVM account.

b) The Profile information that you provide for your User Profile (e.g., your first and last name, username, email address).

c) User Content (as defined in Paragraph 1.3 above) that you post or upload to the Service.

d) Communications between you and Jigsaw. For example, Jigsaw may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). NOTE: you may NOT opt out of Service-related e-mails.

e) If you register using a third party account or if you link your Jigsaw account with a third party, Jigsaw may receive information associated with that account also.

2.2 Sharing Your User Content and Zaps:

a) To the extent Jigsaw enables you to upload your User Content and/or Zaps to the ZapVM or other Jigsaw website(s), and/or to the extent we enable you to link to your Zaps and/or User Content to a unique URL on the ZapVM or other Jigsaw website and then play the Zaps and/or view User Content—either directly or via a third party website, Jigsaw will be displaying your User Content.

b) Jigsaw will not use any personally identifiable information in the generation of the URL. However, the ZapVM playback webpage or “Share Page” will display your user account name as the creator of the User Content and other User Content that you elect to share.

c) If you choose, you can use the Service to locate people and/or share your User Content and Zaps through (i) your contacts list, (ii) third-party social media sites, and/or third-party applications, and you may share your User Content and Zaps via email, text, the third-party social media sites and/or third-party applications.

d) If you choose to find people and/or share your User Content and Zaps through third-party social media site(s) or third-party application(s), then you may be prompted to set up a link to the third-party service and you understand that any and all information that such third-party social media site or application may provide to us will be governed by this Privacy Policy.

e) You may also choose to share your User Content and/or Zaps via methods not controlled by ZapVM, such as email, text or via other applications that are not part of ZapVM. If you elect to do so, such sharing is at your own discretion and is not addressed by this Privacy Policy.

2.3 “Tell a Friend” Feature: If you choose to invite others to the Service through the ZapVM “Tell a Friend” Feature, ZapVM will generate and send a text or email to those persons from your personal text or email account. You are responsible for any charges that apply to communications sent from your device. Furthermore, the invitation that is sent is coming directly from your personal account– therefore neither ZapVM nor Jigsaw has access to or control of these communications.

2.4 Cookies and Similar Technologies:

a) When you use the Service, ZapVM may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use ZapVM and provide features to you.

b) ZapVM may also ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by the third party or ZapVM.

2.5 Log File Information:

a) Log File Information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

b) When you use the Service, ZapVM servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring and/or exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. Jigsaw may also collect similar information within the ZapVM application. Furthermore Jigsaw may use third party libraries for quality assurance and to aggregate market data. Each of these third parties may have their own collection and use policies. For information about the third party libraries that may be in use please email support@zapvm.com.

2.6 Device Identifiers:

a) When you use a mobile device like a tablet or phone to access the Service, Jigsaw may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Jigsaw.

b) A device identifier may deliver information to Jigsaw or to a third party partner about how you use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

2.7 Metadata:

a) Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when, where and by whom an item of User Content was made or collected and how that content is formatted.

b) Users can add or may have Metadata added to their User Content including a hashtag, text-based tags (e.g., “pets”), geotags, comments or other data. For example if you geotag your User Content, then latitude and longitude will be stored with the User Content and may be searchable (e.g., through a location or map feature).

c) Jigsaw may add its own Metadata to your User Content. Examples of such Metadata include, but are not limited to, categorization, content, identifier, and/or search tags to enhance the Service.

3. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information described in this Privacy Policy, Jigsaw may use information that we receive to:

a) Provide personalized content and information to you and others, which could include online or mobile ads or other forms of marketing,

b) Provide, improve, test, and monitor the effectiveness of our Service,

c) Develop and test new products and features,

d) Monitor application metrics,

e) Diagnose or fix technology problems, and/or

f) Automatically update the Jigsaw applications on your device.

4. SHARING OF YOUR INFORMATION

4.1 Jigsaw will not rent or sell your information to third parties outside Jigsaw without your consent, except as noted in this Policy.

4.2 Parties with Whom Jigsaw May Share Your Information:

a) Jigsaw may share your information as well as information from tools including cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service.

b) Jigsaw may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

c) Jigsaw may remove parts of data that can identify you and share anonymized data with other parties. Jigsaw may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

4.3 Parties with Whom You May Choose to Share Your User Content:

a) The Service currently offers a two sharing levels, public or unlisted. In the future, the Service may also offer other sharing levels. Any information or User Content that you voluntarily disclose for posting to the Service is controlled by any applicable privacy settings that you set, including public. Once you have shared User Content or made it public, that User Content may be re-shared by others.

b) Please note that if you elect to share your User Content or other information via methods that are not part of ZapVM, such as email, text, social media or other applications, the sharing levels that you set in ZapVM, such as “unlisted” will likely have no effect over how your User Content is subsequently viewed, controlled or re-shared by others.

4.4 Responding to Legal Requests and Preventing Harm:

a) Jigsaw may access, preserve and share your information in response to a legal request (e.g., a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. Such actions may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

b) Jigsaw may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

5. HOW WE STORE YOUR INFORMATION—STORAGE AND PROCESSING

a) Your information collected through the Service may be stored and processed in the United States or any other country in which Jigsaw or its Service Providers maintain facilities.

b) Jigsaw, or its Service Providers, may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. 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 we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

c) By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Jigsaw or its Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

d) Jigsaw will employ commercially reasonable safeguards to help keep the information collected through the Service secure. However, Jigsaw cannot ensure the security of any information you transmit to Jigsaw or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

e) You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to communications between you and Jigsaw, at all times. Your privacy settings may also be affected by changes made by the social media services you use in conjunction with Jigsaw. These third party services have their own privacy and security settings, and changes they may make to their services can impact your security and privacy on our Service. We are not responsible for the functionality, privacy, or security measures of any other organization, third party or third party service.

6. YOUR CHOICES ABOUT YOUR INFORMATION

6.1 Your Account Information and Profile/Privacy Settings: support@zapvm.com

a) You may update your ZapVM account at any time by logging in to your account at https://zapvm.com/account/login and changing your account information or your settings.

b) If you have any questions about reviewing or modifying your account information, please visit https://support.zapvm.com/jigsaw for Frequently Answered Questions that may address your question, or you may contact Jigsaw directly by sending email to support@zapvm.com.

6.2 How Long Jigsaw May Keep Your User Content:

a) Following termination or deactivation of your account, Jigsaw, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes. Furthermore, we will not, unless required by law, actively purge your User Content, although we make no guarantees regarding User Content availability.

b) If you have any questions about termination or deactivation of your account, please visit https://support.zapvm.com/jigsaw for Frequently Answered Questions that may address your question, or you may contact Jigsaw directly by sending email to support@zapvm.com.

7. CHILDREN’S PRIVACY

Jigsaw’s ZapVM EULA and Terms of Use prohibit the use of the Service by anyone under the age of 13. Further, Jigsaw does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as soon as practical. If you believe that we might have any information from or about a child under 13, please contact us at support@zapvm.com.

8. OTHER WEB SITES AND SERVICES

Jigsaw is not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Our Privacy Policy does not apply to third party websites or services. Your interactions on any third party website or services, including those that may have a link on our Service, are subject to that third party’s own rules and policies. In addition, you agree that Jigsaw is not responsible for and has no control over any third parties that you authorize to access your User Content. If you use a third party website or service and you allow them to access your User Content, or you use a third party service to share your content with others, you do so entirely at your own risk.

9. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please visit https://support.zapvm.com/jigsaw for Frequently Answered Questions that may address your question, or you may contact Jigsaw directly by sending email to support@zapvm.com.

10. CHANGES TO THE ZAPVM PRIVACY POLICY

Jigsaw may modify or update this Privacy Policy from time to time, so please review it periodically. Jigsaw may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modifications.