OpinionUP Privacy Policy

Last modified: July 12, 2018

Introduction

OpinionUP LLC, doing business as OpinionUP (“OpinionUP,” “we” or “us”), respects your privacy and is committed to protecting it through our compliance with this privacy policy (this “Policy”). OpinionUP does not share your personal information with anyone except to provide and develop our services, comply with the law, or protect the rights, property or safety of OpinionUP, our users or the public.

This Policy describes:

• The types of information we may collect or that you may provide when you download, install, register with, access or use the OpinionUP mobile application (the “App”).
• Our practices for collecting, using, maintaining, protecting and disclosing that information.

This Policy applies only to information we collect in this App and in e-mail, text and other electronic communications sent through or in connection with this App.

This Policy DOES NOT apply to information that:

• We collect offline or on any other OpinionUP apps or websites, including but not limited to, websites you may access through this App, the OpinionUP website and other websites;
• you provide to third parties; or
• is information collected directly by third parties.

Our websites and these third parties have their own privacy policies.

All terms used herein are defined in our Mobile App End-User License Agreement. By using the App, you acknowledge that we may collect information about you, and use and disclose such information as described in this Privacy Policy. Your use of the App indicates your acceptance of the terms of this Privacy Policy. This Privacy Policy is incorporated into the OpinionUP Mobile App End-User License Agreement.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Policy. This Policy may change. Please see the section on Changes to Our Privacy Policy.

THE APP IS HOSTED IN THE UNITED STATES. IF YOU ARE A USER ACCESSING THE APP FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE APP, WHICH IS GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF SERVICE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES, AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE DIFFERENT OR LESS STRINGENT THAN IN YOUR HOME JURISDICTION.

Grounds for Use of Personal Information

We rely on the following legal bases for processing and use of your Personal Information:

• Performance of a Contract: We may collect and use your Personal Information that is necessary for Us to enter into a contract with you or to fulfill a contract that you may have entered with us, or to take steps requested by you prior to entering into a contract with Us.
• Legitimate Interests: We may use your Personal Information as necessary for our legitimate interests consistent with the products, services, and content on the App, on the website, on our social media pages, in email, text, and other electronic messages between you and the foregoing sites.
• Consent: We also may collect and share your information with your consent. To withdraw your consent, you may contact us via our contact information, which is provided to you below.

Except as set forth in this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be given the option to prevent the sharing of this information.  See Disclosure of Your Information below for more information on how we disclose your information.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You control the personally identifiable information about you, such as your name, email address, gender, zip code, political affiliation, birth year, ethnicity, sexual orientation, picture, and a brief biography (“Personal Information”), that you share with us. You can correct, delete, or modify this data at any time. You can also delete your account. We also provide you tools to restrict or withdraw consent where applicable for the use of data you have provided to us. And we provide easy ways for you to contact us.

If you are a registered user of the App, we provide you with tools and account settings to access, correct, delete, or modify the Personal Information you provided to us and associated with your account. If you have granted us consent to access and use your personal data, you can withdraw that consent at any time. You can request that we stop using your personal data for certain or all purposes, or for a certain amount of time. You may also send us an e-mail at info@opinionup.com to request access to, correct or delete any personal information that you have provided to us. We may be required to delete your account depending on the type of request to delete Personal Information. If you request or require account deletion, your account will be deactivated and then deleted within ten (10) business days. 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. You also may delete your own account- however, to delete your Personal Information from our servers, you will have to contact us directly with your request as set forth below.

You may provide information to be published or displayed (“Posted“) on public areas of the App or sent via direct messages to other users of the App (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users – for example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our App, in person or online. Also, when you comment on someone else’s post or react to their content, your comment or reaction is visible to anyone who can see the other person’s content, and that person can change the audience later. Proper access and use of information provided on the App, including User Contributions, is governed by our Mobile App End-User License Agreement.

Keep in mind that third parties to whom we transmitted your data with your consent (as part of Aggregate Information, as defined below) may still retain copies of your Personal Information even after you have deleted the information from, or deleted, your account with OpinionUP. If you would like a copy of the Personal Information we have collected about you, or if you need a list of entities to whom your personal data has been transmitted as part of Aggregate Information, please contact us directly at the contact information below.

Direct Messaging

Your direct messages to other users of the App are stored on our servers and identified by your User ID. If you delete your account, your messages will be saved on our servers; please contact us directly as set forth below to request deletion of your messages from our servers.

Retention of Information and Materials

We retain the Personal Information and materials we may collect and you provide us for no longer than is reasonably necessary for us to achieve the purposes for which you have provided it to us, or to the extent reasonably necessary for us to protect our rights, or as may be required to fulfill our legal obligations. If you do not want us to continue to collect or maintain your Personal Information, you must delete your account and stop using the App.

Information We Collect and How We Collect It

We collect information from and about users of our App:

• directly from you when you provide it to us; and
• automatically when you use the App.

Information You Provide to Us

When you download, register with or use this App, including when you create or share content, and message or communicate with others, we may ask you to provide information:

• Your Personal Information. Further, we allow you to create and log in to your App account using your social media accounts like your Facebook, Google or Twitter accounts. If you choose this option, the information identified on the screen from your social media account will be shared with us.
• Your contacts through your personal contact list or your social media accounts, if you permit this.
• Your User Contributions.
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
• That is about you but individually does not identify you (“Aggregate Information”).

This Aggregate Information may include:

• Information that you provide by filling in forms or answering questionnaires in the App. This includes information provided at the time of registering to use the App, requesting further services, and responses to survey questions solicited by us or by sponsoring third parties for research purposes. We may also ask you for information when you report a problem with the App.
• Your search queries on the App.
• Your physical location while using the App.

Automatic Information Collection and Tracking

When you download, access and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including, but not limited to, the device’s unique device identifier, IP address, operating system, browser type, mobile network information, website usage details, and the device’s telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device if you give it access. Such information includes data from your user profile page (including name, about information, date of birth, zip code, etc.), your email or social media accounts if you used these to sign into the App, and your contacts (including email addresses, phone numbers, etc.).
• Location Information. This App collects real-time information about the location of your device, such as Geo-location and GPS data unless you turn off the feature. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.

If you do not want us to collect this information, do not download the App or delete it from your device.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
• Pixel Tags. Our App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, web beacons and single-pixel gifs) that permit OpinionUP, for example, to count users who have visited those pages or opened a message and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).

Third-party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect non-personal information about you or your device. These third parties include:

• advertisers, ad networks and ad servers;
• analytics companies;
• your mobile device manufacturer;
• your mobile service provider.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information, to:

• provide you with the App and its contents, and any other information, products or services that you request from us;
• fulfill any other purpose for which you provide it;
• give you notices about your account, subscription or orders;
• carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• notify you when App updates are available, and of changes to any products or services we offer or provide though it;
• conduct research and campaigns and match you with causes that you may be interested in;
• Email you a weekly poll “recap” to your registered email address. You hereby consent to receive such emails from us, though you may unsubscribe from receipt of these emails at any time by following applicable instructions on such communications or by contacting us at the information provided below.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our App according to your individual interests;
• improve our questionnaires;
• speed up your searches; and
• recognize you when you use the App.

We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, you can opt out.  You can unsubscribe from our email or text communications at any time by following applicable instructions on such communication or contacting us at the information provided below.

Disclosure of Your Information

We may disclose Aggregated Information about our users without restriction.

In addition, we may disclose Personal Information that we collect or you provide:

• to contractors, service providers and other parties that we use to support our business for the purpose of providing our App and its affiliated services;
• 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 OpinionUP’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by OpinionUP about our App users is among the assets transferred;
• to fulfill the purpose for which you provide it. For example, if you utilize our share function, we will gain access to your contact information, which will allow us to identify and send information to your designated contacts;
• for any other purpose disclosed by us when you provide the information.
• with your consent;
• to comply with any court order, law or legal process, including responding to any government or regulatory request;
• to enforce our rights arising from any contracts entered into between you and us, including the Mobile App End-User License Agreement, and for billing and collection; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OpinionUP, our customers or others.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. The information obtained by OpinionUP will be stored behind OpinionUP firewalls located on OpinionUP’s network, but not on user devices.

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 our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our App. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Children under the Age of 13

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 13. If we learn 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 we might have any information from or about a child under 13, please contact us at info@opinionup.com.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our App 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 info@opinionup.com.

Changes to Our Privacy Policy

We may update this Policy from time to time. If we make material changes to how we treat our users’ Personal Information, we will post the new privacy policy on this page and require you to affirmatively accept its terms and conditions.  The date this Policy was revised last is identified at the top of the page. Please periodically visit this Policy to check for any changes.

Contact Information

To ask questions or comment about this Policy and our privacy practices, to obtain copies of your information and how it has been shared, to opt out of further communications from us, or to correct or delete your account, contact us at: info@opinionup.com. You can also write to us at:

OpinionUP

21400 Ridgetop Circle, Suite 210

Dulles, VA 20166