Last modified: MARCH 19 2019
Locate Spot, LLC (“Spotfile”, “Company”, “we”, “us” or “our”) considers privacy to be of upmost importance to individuals. Spotfile respects your privacy and is committed to protecting it through our compliance with this policy (the “Privacy Policy”).
This policy describes the types of information we may gather from you or that you may provide when you use the Spotfile Application (the “Application”), interact with services, features, functionality, content, websites, or products offered by Spotfile through the Application, and our practices for collecting, using, maintaining, protecting and disclosing that information. The Spotfile Terms of Use (the “Terms of Use”) are expressly incorporated herein by reference and are an integral part hereof. The Terms of Use can be found here: http://www.Spotfile.com/terms-of-use
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. IF YOU DO NOT WANT TO AGREE TO OUR PRIVACY POLICY, YOU MUST NOT SIGN UP, DOWNLOAD, REGISTER FOR, ACCESS OR USE THE SOFTWARE.
CHANGES TO THIS PRIVACY POLICY.
We reserve the exclusive right to make changes to this Privacy Policy from time to time. Your continued access to and use of the Application and any associated services constitutes your agreement to be bound by, and your acceptance of, the Privacy Policy posted at such time. You acknowledge and agree that you accept this Privacy Policy (and any amendments thereto) each time you visit the Application or sign into your account. Therefore, we encourage you to review this Privacy Policy regularly.
If, within thirty (30) days of us posting changes or amendments to this Privacy Policy, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of withdrawal of your acceptance. Upon providing us with your notice of your acceptance withdrawal, you are no longer authorized to access or use the Application or any associated services, and you must not do so.
1. Children Under The Age Of Thirteen (13).
Our Application is not intended to be legally available to, or used by, children under 13 years of age. No one under age 13 may provide any information to or on the Application. We do not knowingly collect Personal Information (as defined below) from children under 13. If you are under 13, do not use or provide any information on this Application or on or through any of its features; register on the Application; conduct any transactions through the Application; use any of the interactive or public comment features of this Application; or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received any personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at contact@Spotfile.com.
2. Applicability.
(a) This Privacy Policy applies to:
(i) Information we gather or are provided access with by you through this Application and in email, text, and other electronic communications sent through this Application;
(ii) Information or data that you input or upload to the Application; and
(iii) Information provided through interactions with us.
(b) This Privacy Policy does not apply to:
(i) Information collected by us offline or through any other means, including on any other website or application operated by us or any third party (including our affiliates and subsidiaries);
(ii) Information collected by any third party services that may link to or be accessible from or on the Application; or
(iii) Information you provide to any third parties.
3. Information We Collect About You and From You. We gather several types of information from and about users of the Application including:
(a) Non-Personal Information: From Users of the Application (“End Users”): Information that is about you, but individually does not identify you, such as your IP address; domain server; internet browser; equipment; devices used to access the Application; location and time data related to content uploaded into the Application; and Application usage details (“Non-Personal Information”);
(b) Personal Information: Information by which you may be personally identified, if you provide it to us, such as your name; postal address(es) (street number, city, state, zip code, country); e-mail address; telephone number; and any other identifier by which you may be contacted online or offline (“Personal Information”); and
(c) Aggregate Information: Information that may be derived from Personal Information, but that is combined, stored, and presented in manner that does not identify you or any other user of the Application individually (“Aggregated Information”).
4. How We Gather Information From You or About You.
(a) We gather this information:
(i) Directly from you when you provide it to us, including when you input information into your Account;
(ii) Automatically as you navigate through the Application. Information gathered automatically may include usage details; contents of messages sent through the Application; location information; time stamps; IP addresses and information gathered through cookies; web beacons; and other tracking technologies;
(iii) From third parties, for example, our partners or outside parties who provide services to you through or via the Application.
(b) Information You Provide to Us. The information we gather on, with, or through the Application may include:
(i) Information that you provide when using the Application. This includes information provided at the time you register to use the
Application, when you subscribe to any services, or request further services. We may also ask you for information when you report a problem with the Application;
(ii) Text, photographs, videos, sound recordings, and any other multi-media content that you may upload to the Application or to which you grant the Application with access;
(iii) Records and copies of your correspondence (including e-mail addresses), if you contact us;
(iv) Your responses to surveys that we might ask you to complete for research purposes;
(v) Contents of messages sent through the Application;
(vi) Your search queries on the Application; and
(vii) Certain information (including Aggregated Information) or data gathered about your use of the Application or regarding a category services, or users.
(c) Automatic Information Gathering and Tracking. As you navigate through and interact with the Application and other Users, we may use automatic data collection technologies to gather certain information about your computer equipment, browsing actions and patterns, including:
(i) Usage Details. When you access and use the Application, we may automatically gather certain details of your access to and use of the Application, including traffic data, location data, logs, time stamps and other communication data and the resources that you access and use on or through the Application.
(ii) Device Information. We may gather information about your mobile device and internet connection, including the device's unique identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
(iii) Stored Information and Files. The Application also may access metadata and other information associated with other files on your device, if you grant access to such files and information to the Application. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
(iv) Location Information. This Application gathers real-time information about the location of your device. Furthermore, when an End User uploads End User Provided Materials, the Application logs and maintains the creation time, date, and location of uploaded files with certain location information and time stamps, which you may then choose to display to third parties with whom the End User shares such End User Provided Materials.
(d) Automatically Collected Personal Information. The information we gather automatically is statistical data which may include Personal Information; additionally, we may maintain it or associate it with Personal Information we obtain in other ways or receive from third parties. The information we gather helps us to improve the Application and deliver a better and more personalized service, including by enabling us to:
(i) Estimate our audience size and usage patterns;
(ii) Store information about your preferences, allowing us to customize the Application according to your individual or aggregated interests;
(iii) Increase the performance speed of the Application; and
(iv) Recognize you when you return to the Application.
(e) Technologies Used By Us. The technologies we use for this automatic data collection may include:
(i) Cookies (or mobile cookies). A browser cookie, not a part of the Application, is a small file placed on your computing device. You may refuse to accept browser cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of the Application. Unless you have adjusted your device setting so that it will refuse cookies, whenever you interact with us via a web browser our system will issue cookies when you access the Application.
(ii) Web Beacons. Certain aspects of the Application and our e-mails may contain small, standard electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited certain pages or areas of the Application or opened an e-mail and for other related Application statistics (for example, recording the popularity of certain Application content and verifying system and server integrity).
5. Third-party Use of Cookies and Other Tracking Technologies.
(a) Some content or applications, including advertisements, on the Application are served by third parties, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to gather information about you when you use the Application. The information they gather may be associated with your Personal Information or they may gather , including Personal Information, about your online activities over time and across different applications and other online services.
(b) WE DO NOT CONTROL THESE THIRD PARTIES' TRACKING TECHNOLOGIES OR HOW THEY MAY BE USED. IF YOU HAVE ANY QUESTIONS ABOUT AN ADVERTISEMENT OR PERCEIVED TARGETED CONTENT, YOU SHOULD CONTACT THE RESPONSIBLE PROVIDER DIRECTLY.
6. How We Use Your Information.
(a) We use information that we gather about you in a manner described above or that you provide to us, including any Personal Information:
(i) To present the Application and its contents to you;
(ii) To provide you with information, products or services that you request from us;
(iii) To provide notices to you about your Account;
(iv) To improve the Application and any products or services we offer or provide through it;
(v) To facilitate transactions with which you are involved as an End User;
(vi) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
(vii) To notify you of changes to the Application, the Terms of Service and other policies or any products or services we offer or provide though it;
(viii) To allow you to participate in interactive features on the Application;
(ix) In any other way we may specify (or as specified by a third party) when you provide the information;
(x) To fulfill any other purpose for which you provide it (including automatic gathering of information or information that you provide to a third party); and
(xi) For any other purpose with your consent.
(b) We may use the information we have gathered (whether directly from you, through automated means, or via a third party) to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement displayed on the Application, the advertiser may assume that you meet its target criteria.
(c) We may use the information we have gathered for general commercial purposes. For example we may use any information obtained for review of Application function and efficiency.
7. Disclosure of Your Information.
(a) We may disclose Aggregated Information about our users and information that does not identify any individual, without restriction.
(b) We may disclose Personal Information that we gather or you provide as described in this Privacy Policy:
(i) To our subsidiaries and affiliates for the purpose of making the Application available to you and to provide associated services to you;
(ii) To contractors, service providers and other third parties whom we use to support our business.
(iii) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Spotfile’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Spotfile regarding users of the Application is among said assets;
(iv) To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require such third parties to keep and protect Personal Information confidential and use it only for the purposes for which we disclose it to them.
(v) To fulfill the purpose for which you provide it. For example, if you use the Application to share End User Provided Materials with another End User or third party, we will transmit the contents of that message to the recipient;
(vi) For any other purpose specified by us when you provide the information; and
(vii) For any other purpose with your consent.
(c) We may also disclose your Personal Information:
(i) To comply with any court order, law or legal process, including responding to any government or regulatory request, provided such regulatory request is supported by any legal obligation) ;
(ii) To enforce or apply our Terms of Use as well as other agreements; and
(iii) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
8. Choices About How We Use and Disclose Your Information
(a) We strive to provide you with choices regarding the Personal Information you provide to us. If you do not wish to have your e-mail address used by us to promote our own or third parties' products or services, you can opt-out by clicking the “unsubscribe” link contained in these emails.
(b) If you access any links to third party websites available to you via the Application or utilize any services through the Application that are provided by third parties, you will be subject to such the policies of those third parties. We do not control third parties’ collection of or use of your information (including information related to interest-based advertising). However, these third parties may provide you with ways to choose not to have your information gathered or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's Application.
9. Accessing and Correcting Your Information.
(a) You can review and change your Personal Information by logging into the Application and visiting your account profile page, under settings.
(b) You may also send us an e-mail at contact@Spotfile.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
(c) If you delete your End User Provided Material from the Application, copies of your End User Provided Material may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Application. Proper access and use of information provided on the Application, including End User Provided Material, is governed by our Terms of Use.
10. Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of the Application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@Spotfile.com, including proof of California residency.
11. Data Security.
(a) We have implemented stringent security measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Data and records regarding your registration with and use of the Application will be retained for a reasonable period of time. All information you provide to us is hosted on secure servers. These facilities may be operated by us or by our third-party service providers. By using the Application, you consent to having your Personal Information stored, transferred, and processed by these facilities.
(b) The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
(c) Unfortunately, the transmission of information via the Application and computing devices is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted on the Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application.
12. Contact Information. To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: contact@Spotfile.com