Some Whatever LLC (“Company") has created the tvParty application (the “Application”) and the website at tvpartyapp.com (the "Website" or the "Site") to provide a mobile software application designed to facilitate real-time discussions among viewers of recorded television programs and other content.
2. The Types Of Information You May Provide. Information you may provide to Company falls into two broad categories: (i) personally identifiable information, and (ii) anonymous information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, photograph, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Application/Website and associated Services, including the aspects of our Application/Website that Registered Users use most frequently.
3.1. Registration Information; Usernames. In order to use the Application, we may require that you complete a registration form so that you are a Registered User. Our registration forms will specify the information which you must provide, which may include such items as (i) name; (ii) phone number; (iii) birth date; and (iv) email address. Our registration forms may additionally request information, which you may, at your option, choose to provide or withhold. The registration process provides Registered Users with the ability to establish an account through Short Message Service (SMS) text messaging, which allows them to gain access to certain areas of the Website and Application that are accessible only to Registered Users.
3.2. Changing Information. If you are a Registered User, you can edit certain information associated with your account via the Application or the Website, including your contact information.
3.4. Email Addresses. Registered Users may wish to provide us with comments and feedback concerning our Application/Website generally. By communicating with us for these purposes, you may provide us with Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information.
3.5. Questionnaires and Surveys. Our Application/Website may allow Registered Users to participate in surveys and/or questionnaires, which we may post via the Application/Website from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of our Application/Website or for marketing purposes.
3.6. Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Users, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 7 (Changing or Removing Information; Opting Out).
3.7. Your PayPal Username and Email Address. Our Application may allows Registered Users to convert Fan Points into United States Dollars (“USD”), or redeem Fan Points for USD, via PayPal, in accordance with Section 7 of our Terms of Service. You are free to choose whether to participate in such conversion or redemption. However, if you choose to connect your tvParty account with your PayPal account, we will have access to, and store, the username and/or email address you use for your PayPal account. In this instance, we use any information you provide to us strictly for the purposes for which you submit the information.
3.8. Extent of Information Collected. Company does not collect any more Personally Identifiable Information than reasonably necessary to provide the Services.
4. Anonymous, Aggregate Information. We use Anonymous Information to analyze the effectiveness of our Application/Website, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services. We may collect Anonymous Information through features of the software that supports our Services, through cookies, and through other means described below.
4.1. IP Addresses; Logs. Company may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your mobile device), your mobile device's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Application/Website is being used, and for security and monitoring purposes. None of this data alone can be used to identify you.
4.2. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website and stored on your mobile device's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Application/Website and use them to recognize you when you return to our Application/Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
4.4. Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on our Application/Website. When you click one of these URLs, you pass through our web server before arriving at the Application/Website. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our Registered User communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 7 (Changing or Removing Information; Opting Out).
6. We Do Not Disclose Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions. We will not disclose your Personally Identifiable Information collected by Company to unaffiliated third parties without your express consent, except in the following limited circumstances:
6.1. Company Application/Website Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Application/Website, providing services related to the Application/Website, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Company Vendors"). We will provide Company Vendors with only that information necessary to perform their functions, and we will not allow them to use your Personally Identifiable Information for any other purpose.
6.2. Uploading Content to Social Media. When you use our Application/Website to upload content to other websites (e.g. sharing on Facebook or Twitter) we may submit some of your Personally Identifiable Information to these websites, but only as necessary to provide the service you have requested. Please note that your interactions with these other websites are governed by the privacy policies of the companies providing those websites.
6.3. Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions of Use or otherwise violating legal rights.
6.4. Legal. Company will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
7. Changing or Removing Information; Opting Out.
7.1. Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account to change or update discretionary information that you have previously submitted.
7.2. Opt-Out. If we choose to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline -- or “opt-out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt-out" of formal notices concerning operation of this Application/Website, or legal and other related notices concerning your relationship to the Application/Website.
7.3. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Application/Website and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
8. Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our Application/Website requires Registered Users to confirm their identities through SMS text messaging. Company employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Additionally, we ensure that Company Vendors’ security policies are at least as protective of your information as our policy. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Company. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
9. Notice of Security Incident. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an "Intrusion"), we will (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner.
10. Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHOM WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR APPLICATION/WEBSITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR APPLICATION/WEBSITE AND SERVICES. If you are between 13 and the applicable age of majority, please review this agreement with your parent or guardian.
11. Notice to California Residents. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Company to third parties for the third parties’ direct marketing purposes. As described above, we do not disclose users' personal information to third parties for direct marketing purposes. Nevertheless, if you wish to make such a request, please send an email to or write us at:Attention:
Legal Email: firstname.lastname@example.org
Mail: 1333a North Ave #210 New Rochelle, NY 10804
12. Do Not Track Notice. Certain web browsers allow consumers to enable "do not track" signals through which a consumer can signal to websites and online services whether the consumer approves of the collection of personally identifiable information about its online activities over time and across third-party websites and online services. Our Website and Application do not respond to "do not track" signals.
15. Further Resources. If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html