Effective Date: June 2018
Vyng, Inc., a Delaware corporation (the “Company” or “we” or “us”) is committed to protecting privacy of your personal data. This Privacy Policy (the “Policy”) applies to those who visit the websites owned and operated by the Company, including vyng.me, download any downloadable software, install any mobile applications, and/or use the Company’s products and services (collectively, the “Vyng Service”).
For purposes of this Policy, personal data or information shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity.
This Policy describes how the Company collects, uses, shares and secures the personal data of the users of Vyng Service (the “User(s)” or “you” or “yours”, as applicable). It also describes the User’s choices regarding use, access and correction of the User’s personal data. The capitalized terms used in this Policy but not defined herein shall have the same meaning assigned to them in Company’s Terms and Conditions at http://vyng.me/terms (the “Terms”).
These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the Policy whenever you use the Vyng Service to make sure that you understand how any personal information you provide will be used.
If you have any questions about our Policy, please contact us at [email protected].
WHAT KIND OF INFORMATION WE COLLECT
Information that You Provide to Us:
We collect information that you directly provide to us. Such information includes your geographic location information; the names, physical addresses, email addresses, telephone, fax and other device numbers pertaining to you or another person; calendar entries stored within your device; contact entries stored within your device; and information, messages, images, photos, files and other content (including any location information and other metadata pertaining to such items) that you transmit or receive using the Vyng Service which identifies you or another person. It also includes information about you or others that may be accessed by our system directly from your device, including from your address book, photos or contacts folder, in order to enable certain features of the Vyng Service, such as the feature that finds and suggests mutual friends and other individuals who you may know. Unless you have elected to opt-out of providing your geographic location information, such information may be accessed by the Vyng Service, whether or not in active use, from the servers of third party app providers or markets through which you obtain applications for your device.
We collect your personal data if you provide it directly to us via email or through the Vyng Service. We may also collect your personal data when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services within which you are able to post information, if any, through the Vyng Service. We may also collect your personal data through certain features of the Vyng Service (and in some instances will allow you to opt-out of such collection or retention of certain personal data).
We only collect "sensitive" personal information when you voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political, philosophical religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, or criminal record. Please use your discretion when providing sensitive information to the Company, and under any circumstances, do not provide sensitive information to the Company, unless you thereby consent to the Company’s use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in the Company’s databases. If you have any questions about whether the provision of sensitive information to the Company is, or may be, necessary or appropriate for particular purposes, please contact us at [email protected].
Location Information. In order to use the mobile features of the Vyng Service, you must consent to the use of your device's location to provide the Vyng Service, and the display of that location information to other Users and within your geo-tagged content. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.
We may also scan the contents of your text messages to provide you or the recipient with personalized vyngs and to improve the Vyng Service, including its recognition algorithms. All such data is anonymized. We shall not use such data for any other purpose, including for purposes of advertising.
Automatic Collection. In some instances, the Company and its service providers use cookies, web beacons and other technologies to automatically collect certain types of information when you use the Vyng Service, as well as through emails that we may exchange. The collection of this information allows us to customize your online experience; improve the performance, usability and effectiveness of the Vyng Service; advertise and market our services; measure the effectiveness of our marketing activities; and generate and analyze statistics about your use of the Vyng Service.
Session and Usage Data. “Session and Usage Data” is information about your use of the Vyng Service and includes, without limitation, connection and service-related data submitted to us through your use of the Vyng Service. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the transmission. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any personal data nor does it include Content you may transmit or share through the use of the Vyng Service (such as photos, contacts, calendar appointments, etc.).
Log Data. When you interact with us or use the Vyng Service, our systems may automatically collect your unique Device number, the IP address, type of browser or operating system you use, and the dates and times of your use (“Log Data”).
Aggregate Information. “Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Services and the Site may be collected and combined with information about how others use the Applications, the Services and the Site, but nopersonally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users’ needs so that we can better consider new features or otherwise tailor the Vyng Service.
Cookies. Cookies are text files put on your computer to collect standard internet log information and visitor behavior information. This information is then used to track visitor use of the website and to create statistical reports on website activity. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. Please note in a few cases some of the Vyng Service features may not function because of this.
BY ACCESSING OR USING THE VYNG SERVICE, YOU AGREE THAT WE, OR A THIRD PARTY ACTING ON OUR BEHALF, CAN PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET ENABLED DEVICE.
Transactional Information. Certain premium features may be available for a fee. In processing payment for such additional services we will collect certain information necessary to complete your purchase (“Transactional Information”). This information may include your name, billing address, email address, phone number, and credit card information, such as type of credit card, name on card, card number, validation number, and expiration date. We may retain Transactional Information as long as is necessary to fulfill the purposes specified in this Policy and for recordkeeping, subject to statutory or regulatory retention requirements and legitimate business needs. We may collect information related to your transactions performed using the Vyng Service (the “Transaction Data”). We may use your Transaction Data to improve your experience with the Vyng Service, including to deliver advertisements to your mobile communications device from third parties or merchants (with whom we have contracted).
HOW WE USE YOUR INFORMATION
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes (“Permitted Purposes”), including:
to respond to your inquiries, fulfill your requests, provide services, or complete transactions you have requested;
to send you information regarding the Vyng Service, changes to our terms, conditions, and Policies and/or other administrative information;
to resolve problems with the Vyng Service;
To improve and modify the Vyng Service;
to create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs;
to suggest that you use or take advantage of certain features within the Vyng Service;
to better determine your location;
to send promotional communications;
process and deliver contest or sweepstakes entries and rewards;
as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain;
for other purposes for which we obtain your consent.
We may display targeted advertisements based on personal data. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any personal data to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.
Legal Basis for Processing (EEA only): If you are an individual from the European Economic Area (EEA), we use your personal data, we may process your personal data on one or more of the following legal grounds: (i) because processing is necessary to perform a contract with you, such as to deliver Vyng Service; (ii) to comply with our legal obligations; (iii) because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms. We may also process your data based on your consent where you have expressly given that to us
Additional Data Shared via Google API Services
For users wishing to sync data from Google API Services to Vyng, they can do so by importing their data after providing needed permissions on the Google platform. This data is used in accordance to the Google APIs Terms of Service to enhance the phone call experience for you and other Vyng users. Data such as the name, phone number, and public profile photo may be used to display accurate information on incoming calls and distinguish between wanted and unwanted calls. Additional, birthday data may be used to serve reminders to wish friends a "happy birthday."
SHARING OF INFORMATION
We may share with third parties information about you, including your personal data, as follows, or as otherwise set out in this Policy:
to our third party service providers who provide services such as website hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your personal data;
to identify you to anyone to whom you send messages through the Vyng Service;
to identify you to other Users of the Vyng Service to suggest you or they take advantage of certain features within the Vyng Service;
to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the United States or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your personal data exists;
between and among the Company and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;
with your consent or at your direction
We may also share aggregated or de-identified (anonymized) information.
THIRD-PARTY SITES
In general, the Vyng Service access third party information through application interfaces. We may provide links to third-party Web sites as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in the Vyng Service, you may leave the Vyng Service. Some of these third party sites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of web sites operated by third parties, whether they are linked to or otherwise accessible from the Vyng Service. The inclusion of a link or accessibility of third party web sites does not imply endorsement of such third party web site by us.
SOCIAL NETWORKS
The Vyng Service may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on the Vyng Service with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of information collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
USERS WITH WHOM YOU SHARE YOUR INFORMATION
We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using the Vyng Service (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.
CHOICES ABOUT YOUR PERSONAL INFORMATION
Opting Out of Marketing-Related Communications. You may opt-out from receiving marketing-related emails, texts, phone messages or other communications from us on a going-forward basis by contacting us at [email protected].
We will try to comply with your opt-out request as soon as reasonably practicable. Please note that if you opt out as described above, this will apply to marketing messages from us only. We will not be able to remove your personal data from the database of any other Users you have shared such information or from third parties to whom you have previously authorized us to share such information (i.e., to which we have already provided your personal data as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
Accessing, Changing or Suppressing Your personal data. If you would like to review, correct, update, suppress, delete or otherwise limit our use of your personal data that has been previously provided to us, you may contact us at [email protected]. In your request, please make clear what information you would like to have changed, whether you would like to have your personal data suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal data. We will try to comply with your request as soon as and to the extent reasonably practicable.
Any information you submit through the Vyng Service may be viewed and used by others, including to send you unsolicited messages or to commit identity theft. Additionally, any information you send to other Users will show up on other User’s devices and these communications are also stored on our servers. Even if you remove this content from your device or account, copies of this information will remain viewable on the devices of third party users with whom you have communicated and will be stored on our servers for a period of time. Therefore you should be aware that information that you send to other Users cannot be removed from their devices unless the other User removes the data.
If you have questions about your personal data, please contact us at [email protected].
SECURITY
We take reasonable measures designed to help protect information about you from loss, theft, misuse and unauthorized access, use, disclosure, alteration and destruction. However, please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your personal data or is impenetrable.
RETENTION PERIOD
We will retain your personal information for as long as is needed to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
YOUR PRIVACY RIGHTS
Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at [email protected]. Subscribers may update or change their Account Information by editing their profile within the Vyng Service. To make a request to have personal information maintained by us returned to you or removed, please email [email protected]. Requests to access, change, or remove your information will be handled within thirty (30) days; provided that, notwithstanding such request, this information may be retained for as long as you maintain an account for the Vyng Service, or as needed to provide you with the Vyng Service, comply with our legal obligations, resolve disputes and enforce our agreements.
Additional Rights For EEA And Certain Other Territories:
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, as follows:
What is a Subject Access Request?
This is your right to request a copy of the information that we hold about you. If you would like a copy of some or all your personal information, please contact us at [email protected]. We will respond to your request within thirty days of receipt of the request.
We want to make sure your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by [email protected].We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request
Objections to the processing of personal data
It is your right to lodge an objection to the processing of your personal data if you feel the “ground relating to your particular situation” apply. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claims. To invoke this right, please contact us at [email protected].We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
Data Portability
It is also your right to receive the personal data which you have given to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without delay from the current controller if:
(a) The processing is based on consent or on a contract, and
(b) The processing is carried out by automated means.
To invoke this right, please contact us at [email protected]. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request
Your Right to be Forgotten
Should you wish for us to completely delete all information that we hold about you for, contact us at [email protected]. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
If you feel that your personal data has been processed in a way that does not meet the GDPR, you have a specific right to lodge a complaint with the relevant supervisory authority. The supervisory authority will then tell you of the progress and outcome of your complaint
California Privacy Rights
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
OUR POLICY TOWARD CHILDREN UNDER 13 YEARS OF AGE
The Vyng Service is not directed to children under 13 years of age. If you become aware that your child under 13 has provided us with personal information without your consent, please contact us at [email protected]. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. By using the Vyng Service, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to use the Vyng Service and must immediately delete the Software from your Devices. We recommend that minors, who are 13 years old but under 18 years old, ask their parents or legal guardians for permission before sending any information about themselves to us or anyone else through the Vyng Service.
GOOGLE API SERVICES
For users wishing to sync data from Google API Services to Vyng, they can do so by importing their data after providing needed permissions on the Google platform. This data is used in accordance to the Google APIs Terms of Service to enhance the phone call experience for you and other Vyng users. Data such as the name, phone number, and public profile photo may be used to display accurate information on incoming calls and distinguish between wanted and unwanted calls. Additional, birthday data may be used to serve reminders to wish friends a "happy birthday."
INTERNATIONAL USERS
Your personal data may be stored and processed in any country where we have facilities, and by using the Vyng Service you consent to the transfer of your personal data to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your personal data being transferred or used as described in this Policy, please do not use a the Vyng Service immediately delete all Software from Your Devices.
YOUR CONSENT
By using Vyng Service, you agree to the terms of this Policy as they may be amended as necessary. Any dispute over privacy is subject to this Policy and Vyng Terms of Use, which include limitations on damages and application of the law of the State of California.
CHANGES TO OUR POLICY
If we change our Policy, we will post the revised policy statement here with an updated revision date. If we make significant changes to our statement, we may also notify all members whose personal information we have retained by other means, such as sending an email or posting a notice on our home page.
CONTACTING US
If there are any questions regarding this Policy you may contact us at [email protected]. In order for us to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.