Last Updated: July 2021
Snackwyze LLC,
operating as Snackwyze ("Snackwyze", “our”, “us” or “we”),
respects your privacy and is committed to protecting it through
our compliance with this privacy policy (“Privacy Policy”).
Please
read this Privacy Policy carefully to understand how Snackwyze
uses and protects the information that we collect from visitors to
our website at useSnackwyze.com, all other websites owned and
operated by Snackwyze Private Limited that redirect to use
Snackwyze.com and all subdomains of useSnackwyze.com
(collectively, the “Snackwyze Site”) the users (“Users”) of the
Snackwyze Properties (as defined below), and viewers of our Users’
videos (“Viewers”).
This Privacy Policy applies to
information collected by us through the Snackwyze Site, any
Snackwyze computer software downloadable or otherwise available
from the Snackwyze Site ("Snackwyze Software") and any Snackwyze
services purchased or otherwise made available from the Snackwyze
Site ("Snackwyze Services") (collectively, the "Snackwyze
Properties").
This Privacy Policy does not apply to the
practices of any third party websites, applications or services
that Snackwyze does not own or maintain (collectively, “Third
Party Services”) or to any third parties that use the Snackwyze
Application Programming Interface (API) to perform any function
related to the Snackwyze Properties (“Integrated Platforms”). In
particular, this Privacy Policy does not cover any information or
other content you can view via the Snackwyze Properties on
Integrated Platforms or information you provide to Third Party
Services accessed via the Snackwyze Properties. As further
detailed below, we cannot take responsibility for the content or
privacy policies of any Third Party Services. If you are a Viewer
we encourage you to carefully review the privacy policies of the
Snackwyze User whose Content you view and the privacy policies of
any Integrated Platforms or Third Party Services used by such User
which you may access via the Snackwyze Properties.
This
Privacy Policy also does not cover any information, recorded in
any form, about more than one individual where the identity of the
individuals is not known and cannot be inferred from the
information (“Aggregated Information”). Snackwyze retains the
right to use Aggregated Information in any way that it reasonably
determines is appropriate.
By using a Service or
otherwise providing us with your Personal Information (as defined
below), you are accepting the practices described in this Privacy
Policy, as they may be amended by us from time to time, and
agreeing to our collection and use of your information in
accordance with this Privacy Policy. If you do not agree to the
collection, use and disclosure of your information in this way,
please do not use any of the Snackwyze Properties or otherwise
provide Snackwyze with Personal Information.
WHAT
INFORMATION SNACKWYZE COLLECTS FROM YOU
Snackwyze
collects only the information required to provide products and
services to you. The amount of information provided by you and
collected by Snackwyze depends on the circumstances. Snackwyze may
collect two (2) types of information about you: Personal and
Non-Personal.
1. “Personal Information.” Personal
Information means any information relating to an identified or
identifiable individual. An identifiable individual is one who can
be identified, directly or indirectly, in particular by reference
to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that individual.
Snackwyze may collect Personal Information when you use the
Snackwyze Properties including, without limitation, setting up
account information, filling out surveys, corresponding with
Snackwyze, or otherwise volunteering information about
yourself.
2. “Non-Personal Information.” Non-Personal
Information refers to information that, by itself, does not
identify you as a specific individual (e.g. demographic
information or website visitations). Snackwyze may collect
Non-Personal Information through any of the methods discussed
above as well as automatically through use of industry standard
technologies described further below.
HOW SNACKWYZE
COLLECTS YOUR INFORMATION
1. Registration: Prior to
using one or more of the Snackwyze Properties, Snackwyze may
require you to provide us with certain Personal Information and
Non-Personal Information to create an account (“Account”) or to
enable features or functionality of the Snackwyze Properties.
2.
Users: Snackwyze may gather Personal Information about
organizational representatives via various methods (phone, email,
online forms, in-person meetings) but only if such Personal
Information is submitted voluntarily. Snackwyze may use such
Personal Information for sales, marketing, and support of the
Snackwyze Properties. This Personal Information is never shared
with third parties other than Third Party Service Providers
utilized by a User in connection with Snackwyze Services.
3.
User communications: When you send email or other communications
to us, we may retain those communications in order to process your
inquiries, respond to your requests and improve the Snackwyze
Properties.
4. Information Collected Through
Technology. Snackwyze automatically collects and receives certain
information from your computer or mobile device, including the
activities you perform on the Snackwyze Site, the Snackwyze
Software and the Snackwyze Services, the type of hardware and
software you are using (for example, your operating system or
browser), and information obtained from cookies (see below). If
you have an Account, we may link this Non-Personal Information to
your Account to better understand your needs and the needs of
Users in the aggregate, diagnose problems, analyze trends, provide
services, improve the features and usability of the Snackwyze
Properties, and better understand and market to our customers and
Users.
5. We use technology to automatically gather
information by the following methods:
o Cookies.
Snackwyze uses cookies on the Snackwyze Site and other aspects of
the Snackwyze Properties. Cookies, including local shared objects,
are small pieces of information that are stored by your browser on
your computer's hard drive which work by assigning to your
computer a unique number that has no meaning outside of the
Snackwyze Properties. Cookies do not generally contain any
Personal Information. Most web browsers automatically accept
cookies, but you can usually configure your browser to prevent
this. Not accepting cookies may make certain features of the
Snackwyze Properties unavailable to you.
o IP Address.
You may visit many areas of the Snackwyze Site anonymously without
the need to become a registered User. Even in such cases,
Snackwyze may collect IP addresses automatically. An IP address is
a number that is automatically assigned to your computer whenever
you begin services with an Internet services provider. Each time
you access the Snackwyze Site and each time you request one of the
pages of the Snackwyze Site, the server logs your IP address.
o
Web Beacons. Web beacons are small pieces of data that are
embedded in web pages and emails. Snackwyze may use these
technical methods in HTML emails that Snackwyze sends to Users to
determine whether they have opened those emails and/or clicked on
links in those emails. The information from use of these technical
methods may be collected in a form that is Personal
Information.
o Tracking Content Usage. If you use the
Snackwyze Services and you post audio visual materials including,
without limitation, videos, links, logos, artwork, graphics,
pictures, advertisements, sound and other related intellectual
property contained in such materials (collectively, “Content”) to
your website or to a third party website, Snackwyze tracks and
captures Non-Personal Information associated with User accounts
and the use of Content by those that access your Content.
6.
Information You Provide About a Third Party. You may have the
opportunity to communicate with others from the Snackwyze
Properties, such as by sending an invitation to a friend. If you
choose to take advantage of this functionality, we may ask you to
provide us with certain information about the person with whom you
wish to communicate (e.g., name, email address, etc.). Snackwyze
collects such information for the purposes of facilitating the
requested communication, which may contain a specific promotional
message from you (e.g., an invitation to watch a video). Unless we
explicitly say otherwise, Snackwyze will not use this information
for other marketing purposes without first obtaining consent from
the person to whom the relevant information pertains. Please be
aware that when you use any invitation functionality on the
Snackwyze Properties, your email address, name or username, and
message may be included in the communication sent to your
addressee(s).
HOW SNACKWYZE USES YOUR INFORMATION
1.
Personal Information. Snackwyze identifies the purpose for which
your Personal Information is collected and will be used or
disclosed. If that purpose is not listed below, we will identify
any additional purposes for which we will collect your Personal
Information, before or at the time of collection, and we will
obtain your consent to collect, use or disclose your Personal
Information for such additional purpose(s).
2. By using
the Snackwyze Properties, you will be deemed to consent to our use
of your Personal Information for the purposes of:
o
communicating with you generally;
o processing your
purchases;
o processing and keeping track of
transactions and reporting back to you;
o protecting
against fraud or error;
o providing information or
services requested by you;
o administering and managing
the Snackwyze Properties and our business operations;
o
personalizing your experience with the Snackwyze Site, as well as
evaluating statistics on Snackwyze Site activity;
o
performing statistical analyses of your behavior and
characteristics, in order to measure interest in and use of the
various sections of the Snackwyze Site;
o communicating
with you on other websites;
o email gating;
o
delivery of content and information to Third Party Services
Providers;
o complying with legal and governmental
requirements; and/or
o fulfilling any other purpose
that would be reasonably apparent to the average person at the
time that we collect it.
3. Users utilize Snackwyze
Properties to manage and deliver Content to Viewers. As part of
this process, Snackwyze may collect Personal Information from
you.
4. Otherwise, we will obtain your express consent
(by verbal, written or electronic agreement) to collect, use or
disclose your Personal Information. You can change your consent
preferences at any time by contacting us (see the “How to Access,
Change and Erase Your Personal Information” section below).
5.
Non-Personal Information. Snackwyze may use Non-Personal
Information for the following purposes:
o System
Administration: Snackwyze may use Non-Personal Information for the
purposes of system administration, assisting in diagnosing
problems with Snackwyze servers, monitoring Snackwyze's system
performance and traffic on the Snackwyze Properties and to gather
broad demographic information about Snackwyze Users.
o
Personalization: Snackwyze uses cookies and IP addresses to track
features such as delivering Content specific to your interests and
informing you of new, relevant services or certain third party
offerings.
o Advertising: Snackwyze may use
Non-Personal Information to assist in optimizing the delivery of
advertisements to viewers of your Content.
HOW TO
ACCESS, CHANGE AND ERASE YOUR PERSONAL INFORMATION
Upon
request, Snackwyze will allow Users to update or correct Personal
Information previously submitted, but only to the extent such
activities will not compromise privacy or security interests.
Additionally, upon request, Snackwyze will delete Personal
Information from the database where such information is stored;
however, it may be impossible to entirely delete a User’s entry
without some residual information being retained due to the manner
in which data backups are maintained. Requests to delete Personal
Information may be submitted to
support@snackwyze.com.
Users also have the right to receive their Personal
Information from us in a structured, commonly used and
machine-readable format, and the right to transmit their Personal
Information to another controller without hindrance from us (data
portability).
EMAIL PREFERENCES
Snackwyze
may use your Personal Information to send you emails periodically
listing promotions or events relating to the Snackwyze Properties.
You have the choice to opt-out of receiving such promotional
emails by sending an email to support@snackwyze.com and/or
following the instructions in such correspondence. Once
Snackwyze's has processed your opt-out request, Snackwyze will not
send you promotional emails unless you opt back in to receiving
such communications.
DISCLOSURE OF INFORMATION TO THIRD
PARTIES
Except as described below, we do not sell,
transfer or otherwise disclose, sell, trade, or otherwise transfer
your Personal Information to outside parties. This statement does
not include trusted third party service providers who assist us in
administering and providing the Snackwyze Properties or provide
services to us. Examples include storing and managed Content,
analyzing data, providing marketing assistance, integrations of
Third Party Services such as CRM and MAP services, processing
credit card payments, and providing customer service. These third
party service providers will have access to Personal Information
needed to perform their functions, but may not use it for other
purposes.
We may use service providers located outside
of the United States, and, if applicable, your Personal
Information may be processed and stored in other countries and
therefore may be subject to disclosure under the laws of those
countries. You explicitly consent and agree to such transfer,
storing and/or processing of your Personal Information outside of
the United States or other country in which you are located.
We
may share Payment Information with third parties for purposes of
fraud prevention or to process payment transactions.
We
may also release your information when we believe release is
appropriate to comply with the law, enforce our policies, or
protect our or others’ rights, property or for safety. We may also
provide non-Personal Information to other parties for marketing,
advertising or other uses.
Information, including
Personal Information, which we collect from Users and Viewers, is
considered to be a business asset. As a result, in the unlikely
event that we go out of business, enter bankruptcy or if we are
acquired as a result of a transaction such as a merger,
acquisition or asset sale, your Personal Information may be
disclosed or transferred to the third-party acquirer in connection
with the transaction.
Lastly, we may provide Users with
certain identifiable usage information directly related to the
videos and/or other Content that they make available through the
Snackwyze Properties. Such information may include how many and
which Content of a particular User was watched by a particular
Viewer, from where a particular Content was watched by a
particular Viewer and how many times a particular Content was
watched by a particular Viewer. In addition, if you, as a Viewer,
provide Personal Information (e.g. email address) as part of
accessing and viewing Content, that Personal Information may be
collected by us, a provider of Third Party Services or an
Integrated Platform on behalf of the User who owns the Content and
shared with that User or Third Party Service providers to that
User, as we and others are their service provider. The use of such
information will be subject to the information and privacy
practices and policies of such Users and Snackwyze will not be
responsible or liable or the use of any information by such Users
and any Snackwyze will not be responsible for their use of your
information.
Under certain exceptional circumstances,
Snackwyze may have a legal duty or right to collect, use or
disclose your Personal Information without your knowledge or
consent. In accordance with applicable laws, We will not disclose
any consumer information (which may include Personal Information)
without your written consent, except where consumer information is
required to be disclosed: (i) for billing or market operation
purposes; (ii) for law enforcement purposes; or (iii) for the
purpose of complying with a legal requirement.
You are
deemed to consent to disclosure of your information for the above
purposes. If your Personal Information is shared with third
parties other than Users, those third parties may be, but are not
always, subject to appropriate agreements with Snackwyze and/or
its Users to secure and protect the confidentiality of your
Personal Information.
SAFEGUARDING YOUR PERSONAL
INFORMATION
Snackwyze takes appropriate security
measures to protect against unauthorized access, alteration,
disclosure or destruction of Personal Information. These include,
but are not limited to, internal reviews of: (a) Snackwyze's data
collection; (b) storage and processing practices; (c) electronic
security measures; and (d) physical security measures to guard
against unauthorized access to systems where Snackwyze stores
Personal Information.
Unfortunately, no data
transmission over the internet can be guaranteed to be 100%
secure. As a result, while we are committed to protecting your
Personal Information, we cannot ensure or warrant the security of
any information you provide to us.
All Snackwyze
employees, contractors and agents who access Personal Information
are bound by confidentiality obligations and may be subject to
discipline, including termination and criminal prosecution or
unauthorized use or disclosure of Personal Information.
Some
or all of the Personal Information we collect may be stored or
processed on servers located outside your jurisdiction of
residence, whose data protection laws may differ from the
jurisdiction in which you live. As a result, this information may
be subject to access requests from governments, courts, or law
enforcement in those jurisdictions according to laws in those
jurisdictions.
RETENTION OF INFORMATION
Snackwyze
retains the Personal Information that we collect about you for as
long as reasonably necessary for the purposes set out in this
Privacy Policy. We also may retain your Personal Information for a
longer period of time on the basis of our legitimate interests in
providing or marketing our services to you or as necessary to
comply with our legal obligations, to resolve disputes, and to
enforce our agreements. Even if we delete some or all of your
Personal Information, we may continue to retain and use
information that has been aggregated or anonymized so that it can
no longer be used for personal identification.
CHILDREN
AND STUDENTS
Snackwyze takes the privacy of students
and children extremely seriously. The Snackwyze Services are not
intended for children under 13 years of age. No one under age 13
may provide any information to or on the Snackwyze Site. We do not
knowingly collect Personal Information from children under 13. If
you are under 13, do not use or provide any information on the
Snackwyze Site or via the Snackwyze Services. 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
support@snackwyze.com.
THIRD PARTY WEBSITES AND
SERVICES
The Snackwyze Properties may contain links to
third party websites or services, including Third Party Services,
(collectively, “Third Party Sources”) who may collect Personal
Information and Non-Personal Information directly from you. Links
to Third Party Sources are intended for convenience only. Third
Party Sources are wholly independent from Snackwyze. Third Party
Source may have separate privacy policies and data collection
practices, independent of Snackwyze. Snackwyze: (a) has no
responsibility or liability for these independent policies or
actions; (b) is not responsible for the privacy practices or the
content of such websites; and (c) does not make any warranties or
representations about the contents, products or services offered
on such websites or the security of any information you provide to
them.
CHANGES TO THIS PRIVACY POLICY
The
terms in this Privacy Policy may be changed from time to time, so
you should review it periodically for changes. We reserve the
right, at any time, to modify or replace this Privacy Policy. The
date of the most recent version of the Privacy Policy is noted
below under “Effective Date of this Privacy Policy.” We may also
notify you via email or other direct electronic communication
method of any changes that, in our sole discretion, materially
impact your use of the Snackwyze Properties or the treatment of
your Personal Information. Your use of the Snackwyze Properties
following the posting of any changes to the Privacy Policy
constitutes acceptance of those changes.
HOW TO CONTACT
US
If you have any questions or concerns about this
Privacy Policy or our privacy practices, you may contact us
directly as follows:
Email us:
support@snackwyze.com