Privacy Policy

S’more™ Privacy Policy

Effective Date: December 1st, 2016

The S’more mobile application (the Application) is brought to you by Lab465, LLC (Lab465, we or us).  The Application provides you with the opportunity to earn points which can be redeemed for various rewards. We have prepared this Privacy Policy to describe our practices regarding the information we collect, share and use through the Application and our website located at http://www.smoreapp.co/ (collectively, the Services).

Your use of the Application is also governed by the S’more Terms and Conditions (Terms and Conditions).  Please consult the Terms and Conditions for detailed information about the Services.  Capitalized terms not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms and Conditions.

This Privacy Policy does not apply to information that we (or our affiliates) may collect on any other websites or applications, including websites you may access through the Application, or any information that you provide to or that is collected by any third party. 

THE APPLICATION WILL ALLOW LAB465 AND THIRD PARTIES TO COLLECT, TRANSFER AND USE YOUR DEVICE’S PRECISE LOCATION INFORMATION. This includes GPS-based, Wifi-based and cell tower-based location information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we treat it in connection with the Application and the Services.  If you do not agree with this Privacy Policy, you should not use or register with the Application, and instead you should un-install it. 

1. Information Collected Through the Application

“Personal Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other information about you that is associated with or linked to any of the foregoing data. “Anonymous Information” means data that is not reasonably linked to your Personal Information. Anonymous Information is created by manipulating or removing the reasonable link to personal identifiers. We collect Personal Information and Anonymous Information through the Application, as described below. As used herein, the term “Information” means both Personal Information and Anonymous Information.

a. Information You Provide to Us

(i)     Account Information: We may collect information from you, such as your first and last name, gender, age, date of birth (or birth month and year), ethnicity, marital status, employment status, educational level, income, content interests, e-mail address, state of residence, zip code of residence, phone number and Application passwords when you create an account for the Application’s Services (Account).

(ii)    Redemption Information: When you make a Redemption Purchase through the Application, we may collect additional Personal Information required to complete the transaction, such as your name, e-mail and shipping information.

(iii)   Feedback Information: If you provide us feedback or contact us via e-mail through the Services, we will collect your name and email address, as well as any other content included in the e-mail, in order to send you a reply.

(iv)   Survey responses:  If you engage in surveys on the Application, your survey responses will be collected by the Application.  Survey questions may ask you for your Personal Information, and you should only provide your Personal Information if you are comfortable doing so.  The privacy policies of the survey providers will be available through the Application for you to review.

(v)    Tax Information: If the value of the points you redeem through the Application exceeds the amount which we are required to report to any taxing authority, we will collect your social security number or other tax identification number.

(vi)   We may also collect other Personal Information at other points in the Services that state that Personal Information is being collected, such as requests for your e-mail made through the Services.

b. Information Collected via Technology.

(i)     To make the Services more useful to you, the Services use technology to automatically collect certain Information, including but not limited to:

·      Location:  The Application will collect, transfer and use information about your device’s precise location.  This includes GPS-based, Wifi-based and cell tower-based location information. You can opt out of the future collection, transfer and use of precise location information. See Opting Out below.

·      Usage details: The Services may automatically collect certain details of your access to and use of the Services, including traffic data, engagement with advertisements, the points you have accumulated, surveys answered, your Redemption Purchases, clickstream information (which is the recording of the parts of the screen or Application that you click on), and date and time of usage/visit.

·      Computer or device information: The Services may collect information about your computer or mobile device and internet connection, including the unique advertising identifier (Ad ID) of a device, IP address, operating system, mobile network information, a device’s telephone number, other device identifiers, and device model, manufacturer and type.

 (ii)   Third party collection: When you use the Application, certain third parties may use automatic information collection technologies to collect information about you or your device.  These third parties may include: advertisers, ad networks, survey providers, ad servers and analytics companies.  Through the Application, these third parties may collect Information, such as your device type, operating system, device’s Ad ID, IP address, browser type or other device identifiers. We may also share other Information with these third parties, such as demographic information about your stored in your Account.  All of this Information is shared in order to provide you with interest-based (behavioral) advertising and other relevant content on the Application. These third parties are not bound by this Privacy Policy and may use the Information for any lawful purposes. These third parties may also collect other information about you (including Personal Information) outside of the Application, such as your online activities over time and across different websites and applications.  See About Our Ads below.

(iii)   You may connect to other services you use through the Application, such as social networking sites.  If you connect your Account with a third party service (including logging in to the Application through Facebook), we collect information through that service.  This information varies depending on the service and your privacy settings there, but may include your profile information on that service, your e-mail address, your contacts on that service and your content on that other service. 

2. How Information Collected Through the Application Is Used

a. General Use

In general, Information you submit to us or that is collected by us in connection with the Application or the Services is used either to respond to requests that you make, or to aid us in serving you better. We may use your Information in the following ways:

(i)             To provide you with the Application and the Services, including in order to fulfill Redemption Purchases.

(ii)           Fulfill any other purpose for which you provide it.

(iii)          To direct certain advertisements and content to you so that you are more likely to see advertisements and content that are relevant to you (see About Our Ads below).

(iv)          To facilitate the creation of and secure your Account on the Application, and recognize you when you use the Application.

(v)           To notify you when Application updates are available, and of changes to the Application or Services.

(vi)          To send offers and promotional materials related to the Services and for other marketing purposes.

(vii)        To share it with our affiliates, including to allow our affiliates to market their products and services to you.

(viii)       To analyze use of the Application.

(ix)          To monitor the Application and the Services for fraud, abuse or violations of the S’more Terms and Conditions.

(x)           To improve the Application and deliver a better and more personalized experience through the Application.

b. Creation of Anonymous Information

We reserve the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion. We may create Anonymous Information records from Personal Information by removing or manipulating information that makes the data personally identifiable to you.  We use Anonymous Information to analyze usage patterns of the Application and to enhance the content of Services and improve the Application.

3. How Information Collected Through the Application is Shared

We may disclose your Information as described below and as described elsewhere in this Privacy Policy.

a. Third Party Service Providers

We may share your Information with third party service providers who help support the Application, the Services or our business.

b. Interest-Based Advertising.

We may share your Information with third parties in order to direct certain advertisements and content to you so that you are more likely to see advertisements and content that are relevant to you.  See also About Our Ads below.

c. With Consent

We share your Information for any other purpose disclosed by us at the time you provide the Information.

d.  Affiliates and Acquisitions

We may share your Information with our affiliates, in which case we will require our affiliates to honor this Privacy Policy. We may also share your Information if we undergo a merger or sale transaction.

e. Anonymous Information

We may disclose Anonymous Information without restriction.

f. Other Disclosures

Regardless of any choices you make regarding your Personal Information, we may disclose Personal Information if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, court orders, warrants served on us or legal process, including responding to any government or regulatory request; (c) to protect or defend our rights or our property or the users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Terms and Conditions.

4. Third Party Websites and Applications

When you click on a link or otherwise leave the Services and go to another site, another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links or swipe left to connect to such outside websites.

5. About Our Ads

The Application uses common tracking tools, like cookies and beacons. See Use of Cookies and Other Technology below.  These technologies allow the Application to feature advertisements and content that are relevant to you and usually are presented by our partner advertisers or advertising networks.  These ads and content are presented based on your actions on the Application as well as your other online activities.  This is called interest-based or behavioral advertising – advertising that uses information collected on an individual’s web browsing or mobile application behavior in order to target advertising or content to the user based on this behavior.  This information is then used to select which advertisements or content are displayed to you on the Application. 

Lab465 adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA Self-Regulatory Principles).

You have a choice about receiving interest-based ads and content.  See Opting Outbelow.

 

6. Opting Out

We understand that, at a future date, you may no longer want to have your Information collected and used to receive interest-based ads or content on the Application or to have your device’s precise location data collected.  Without this information, we won’t be able to provide you with enough interesting or relevant content on the Application, which means you will not have a meaningful opportunity to earn points.

Therefore, in order to “opt out” of allowing the future collection, use and transfer of your behavioral information or the device’s precise location information, you must stop using and un-install the Application from your mobile device.

You may find this same information on the “Opting Out” tab in About S’more section of the Application.

7. Accessing and Updating Your Information

You can view and change the information in your Account by editing it, or by sending as an e-mail to admin@lab465.com.   

8. Security of Personal Information

We take reasonable security safeguards to protect against such risks as loss or unauthorized access, destruction, use, modification, or disclosure of Personal Information.

You should not provide your Account information to unauthorized parties. You are encouraged to protect your mobile device, computer, and passwords against unauthorized access. When accessing information online, you should sign off when finished using a shared computer and always log out of any website after viewing Personal Information.

9. Communication Preferences

We may send you e-mails to promote the use of the Services. When you receive those e-mails,  you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, by terminating your Account or by contacting us directly at admin@lab465.com

These choices do not apply to the display of online advertising or the receipt of mandatory service communications that are considered part of the Services, which you may receive periodically unless you close your Account.

 

10. Location Best Practices

Lab465 abides by the International Association for the Wireless Telecommunications Industry (CTIA) Best Practices and Guidelines for Location Based Services which can be found on the CTIA’s website at http://www.ctia.org

Lab465 uses a variety of commercially reasonable and appropriate safeguards to protect location information residing on its systems from unauthorized access or disclosure including, without limitation, server firewalls and physical facility security. We retain location information only so long as needed to provide and support location-based services or our mobile applications, or as required by law. Should we retain location information for a longer period, we shall do so only for business purposes and may convert such location information into aggregated or de-identifiable data. No security is perfect, however, and Lab465 cannot guarantee the security of your location information.

Lab465 does not guaranty the accuracy or completeness of location information delivered through the Application, and any location-based service or may be disrupted or fail due to environmental factors and factors affecting satellite usage.  

11. Children Under the Age of 13

The Application is not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13.  If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.  If you believe that we might have any Personal Information from or about a child under 13, please contact us at admin@lab465.com.

12. Use of Cookies and Other Technologies

We may use technologies, such as cookies, advertising identifiers (such as the Android Advertising ID) and web beacons, to collect, store and read Information as described in Section 1(b) of this Privacy Policy on your computer or device when using the Services.  Cookies are small chunks of data created by a web server, delivered through a web browser, and stored on your computer or device.  They provide a means for mobile applications or websites that you use or visit to keep track of your usage patterns and preferences, as well as to identify you as a return visitor.  Cookies make the personalization of your mobile application and web experiences possible, so that you do not need to re-enter information from scratch upon each visit.  Web beacons consist of a small string of software code on your browser that works with cookies to monitor usage and can be used to personalize advertising.

Many web browsers allow you to manage your preferences.  You can set your browser to refuse cookies or delete certain cookies.  You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences.

Please note that if you choose to block cookies, doing so may impact the Services or prevent certain elements of the Services from functioning.

13. Do Not Track

You should be aware that your browser may have settings for Do Not Track.  Lab465 does not honor Do No Track signals from browsers.  As a company that follows the DAA Self-Regulatory Principles, we support the position taken by the DAA that many browsers’ default settings are set by their manufacturers and, therefore, do not represent the preferences of consumers.  The Federal Trade Commission provides information about giving consumers choice about Do Not Track

14. Changes to This Privacy Policy

We may occasionally update this Privacy Policy.  When we post changes to this Privacy Policy, we will revise the effective date at the top of this Privacy Policy.  If there are material changes to this Privacy Policy, we will notify you by prominently posting a notice of such changes 30 days prior to implementing the change and we may make reasonable attempts to notify you directly.  We encourage you to review this Privacy Policy to be kept informed about our privacy practices for the Services. Continued use of the Services, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

15. California Privacy Rights

California Civil Code Section 1798.83 permits the users of the Application who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

If you are a California resident and would like to make such a request, please submit your request in writing to Lab465 at the following address:


Lab465, LLC

Attn: Director, Privacy and Legal Counsel

8410 W. Bryn Mawr Ave.

Chicago, IL 60631-3486

 

 16.  Contacting Us

We welcome your comments regarding this Privacy Policy.  If you have questions about this Privacy Policy, please contact us at the following address:

Lab465, LLC

Attn: Director, Privacy and Legal Counsel

8410 W. Bryn Mawr Ave.

Chicago, IL 60631-3486