PINKY PROMISE MOBILE APPLICATION PRIVACY POLICY

Small Army Ventures, LLC and its subsidiaries and affiliates have created the mobile application called “Pinky Promise”. We will refer to Small Army Ventures, LLC and its subsidiaries and affiliates and Pinky Promise in this Privacy Policy as “Pinky Promise", “Us,” “We”, and “Our”. Pinky Promise is committed to respecting the privacy rights of users (“You”). Pinky Promise created this Mobile Application Privacy Policy (the “Policy”) to explain its information collection and use practices and the protection of Your information when You download, install and use Our mobile application, including Our software and documentation (collectively, the “App”). Any terms capitalized but not otherwise defined herein shall have the meanings set forth in the Pinky Promise Mobile Application Terms of Use (“TOU”) or the Pinky Promise Mobile Application End User License Agreement (“EULA”).

By using Our App, our website located at www.pinkypromise.rocks (the “Website”) and any other linked pages, features, content, mobile applications, or any other services we offer from time to time by in connection therewith (collectively, the “Content and Services”), or by using the App, Website, Content and Services in any manner, you acknowledge that you accept the practices and policies outlined in this Policy, the TOU and the EULA, and you hereby consent that we will collect, use, and share your information in the following ways.

BY DOWNLOADING AND INSTALLING AND CREATING AN ACCOUNT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS POLICY; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THE TERMS IN THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS IN THIS POLICY, DO NOT DOWNLOAD, INSTALL OR USE THE APP, AND DELETE IT FROM YOUR MOBILE DEVICE.

WHAT INFORMATION DOES PINKY PROMISE COLLECT?

We believe that it's important for You to know what types of information we collect when You use Our App. Pinky Promise collects the information set forth below. Therefore, by using the App, your information will be collected, stored and used in the manner described below. We will only collect your information with Your consent, which You provide by downloading and installing the App and creating an account.

IF YOU DO NOT CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION IN THIS MANNER, DO NOT USE PINKY PROMISE OR THE APP. You may also opt out of the collection and use of your information using the opt out method set forth in this Policy. If you choose to opt out, the App may not function effectively.

a. Mobile Device Data. When users download, install and use the App on a mobile phone or other wireless telecommunications device, Pinky Promise automatically gathers information, including carrier providers, geo-location information (if allowed by You), the types of mobile devices accessing the App, and the types of operating systems accessing the App (collectively, "Mobile Device Data"). Location services can be enabled or disabled at any time through the mobile device settings. Pinky Promise uses Mobile Device Data to understand usage patterns and to improve the App. For additional information on Pinky Promise’s uses of Mobile Device Data, see “What Does Pinky Promise Do With The Information It Collects” below.

b. Personal Information. When you download and create an account on our App (or if you create an account on our Website), You will be asked to provide to Pinky Promise certain information related to You (“Personal Information”). Personal Information includes: (1) "Contact Data" (personally identifiable information about You, such as Your name, email address and mobile device number); (2) "Demographic Data" (personal information about You that doesn’t specifically identify You, such as Your gender, zip code, country, and lifestyle); and (3) "Usage Data" (information about Your use of the App that doesn’t specifically identify You, such as Your preferences and general use of the App).

WHAT DOES PINKY PROMISE DO WITH THE INFORMATION IT COLLECTS?

a. Traffic Data and Information Gathered Using Mobile Device Data. Pinky Promise analyzes Traffic Data to help Pinky Promise better understand who is using the App and how it is being used. By identifying patterns and trends in usage, Pinky Promise is able to improve the functionality of the App and the Content and Services to improve Your experience, and to provide You with more relevant and interesting content. From time to time, Pinky Promise may share Traffic Data and Mobile Device Data with (1) third-party analytics companies so that such third parties may help Pinky Promise better understand who is using and how they are using the App; and (2) service providers so that we can personalize, provide and improve our App.

b. Cookies. Information about Your interactions with our App and website may be collected by installation of a tracking technology, including cookies. "Cookies" are small text files that an App or website saves onto Your device via Your web browser or operating system. We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site or App experiences and tools in the future. Some cookies that we may use may collect Personal Information about You, such as Your IP address. The cookies installed by third party analytic companies are governed by the respective third parties’ privacy policies. We encourage You to read these policies to understand how these companies may use Your information. Any Personal Information that we collect directly will be used in accordance with this Privacy Policy. By continuing to use our App and website, You accept that cookies may be set on Your device.

c. Personal Information

i. Contact Data. If You provide us with Your Contact Data, such as your email address or mobile device number, Pinky Promise may use Your Contact Data to send You information about Pinky Promise and its Services, and to contact You when necessary in connection with the App. To the extent that We use your Personal Information to market to You, we will provide you the ability to opt out of such uses. From time to time, Pinky Promise may use Your Contact Data to request that You complete optional online surveys. These surveys may ask You for contact information and demographic information, which We will use to tailor your experience with our App, providing you with content that we think You might be interested in and to display content according to Your preferences.

ii. Demographic and Usage Data. Pinky Promise may use Your Demographic Data and Usage Data, such as your age and gender, to customize and tailor Your experience on the App. As with Traffic Data and Mobile Device Data, from time to time Pinky Promise may release or share Demographic and Usage Data with third parties in anonymous form and/or in the aggregate, for industry analysis, research, demographic profiling, and other similar purposes.

The Personal Information you provide is used to improve the content and usage of the App, interaction with the App, communicating with You about new features, and any other purpose for which the information was collected. We may also draw upon this Personal Information in order to adapt the App and Product to Your needs, to research the effectiveness of these items, and to develop new features.

c. Other Use and Disclosure Practices

Except as otherwise provided in this Policy, and when You otherwise give permission or under the following circumstances, Pinky Promise will not share Your Personal Information with third parties.

i. Use and Disclosure In Connection With the App. Pinky Promise reserves the right to disclose and use non-personal information to those who help it provide services, including those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, and data storage and security (“Service Providers”).

ii. By Law Or To Protect Rights. Pinky Promise reserves the right to disclose and use Personal Information when required to do so by law, or in response to a subpoena or court order, or when Pinky Promise believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Pinky Promise, third parties or the public at large.

iii. Advertisers. Pinky Promise may share aggregated, non-personal data and Personal Information with service providers, advertisers or other existing or potential business partners to enable You to receive targeted information (such as product recommendations) and/or discounts and to optimize third-party offers of products and/or services.

iv. Partners. From time to time, Pinky Promise may partner with retail stores, subscription services, rewards programs or other similar membership programs, that might require that We disclose Personal Information about their members who use the App (for example, to obtain purchase protection or to earn points or discounts for purchases made on the App through links from the partner site). We will disclose Your Personal Information to the partner companies only when You consent to that disclosure, including consent implied by your agreement to the applicable membership or participation rules, and will disclose only the Personal Information required to make these programs work for You and support Your membership in them.

v. Business Transfers; Bankruptcy. Pinky Promise reserves the right to transfer the Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Pinky Promise assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy or a new privacy policy. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Pinky Promise’s successor organization.

EMAIL AND TEXT COMMUNICATIONS

By using the App, You may receive periodic email and text communications from Pinky Promise, such as new feature notifications and other information. You may also receive in App communications from Pinky Promise. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message.

DATA SECURITY

The security of Your Personal Information is extremely important to Us. Pinky Promise has implemented and maintains reasonable security procedures and practices designed to protect against the unauthorized access, use, modification, destruction or disclosure of Your personal information, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Both Pinky Promise and users of the App must do their part to ensure the security of data. You should ensure that any Personal Information shared with Pinky Promise is done by way of Your Pinky Promise personal account. Additionally, You should secure Your account by protecting it with a strong password. You should not disclose Your password to anyone.

If You have reason to believe that the Personal Information we hold about You, such as Your account with the App, other program profile(s), or other membership information is no longer secure, please notify us of the problem by emailing us at [email protected] or writing to our physical address in the “Contact Us/Opt Out” section below.

THIRD PARTY WEBSITES

The App may contain links to other sites. Pinky Promise does not own or control the content or links that appear on these sites and is not be responsible for the privacy and security practices employed by websites linked to, or from our App. This Policy does not apply to any such third party apps. The third parties to whom We may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties. Before visiting or providing Personal Information to a third party App, You should inform Yourself of the privacy policies and practices (if any) of that third party app, and should take those steps necessary to, in Your discretion, protect Your privacy.

CHILDREN'S PRIVACY

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If You are under the age of 13, please do not submit any Personal Information through our App, and rely on a parent or guardian to help You use our App. If Pinky Promise obtains actual knowledge that it has collected Personal Information from a child under the age of 13, Pinky Promise will promptly delete such information from its database. If You believe that we might have any information from or about a child under 13, please contact us at [email protected].

COPYRIGHT AND TRADEMARK NOTICE

The App, the Website, the Content and Services are the exclusive property of Pinky Promise, and may not be copied, distributed, displayed, altered or modified, or reproduced or transmitted, in any form or by any means including, but not limited to, electronic, photocopy, or otherwise, without the prior written permission of Pinky Promise. The corporate and product names, slogans, logos and other content contained on this site are the registered or unregistered trademarks or service marks of Pinky Promise or are used by the App with the permission of their owners. The use, copying or alteration of any trademark without the express prior written consent of Pinky Promise or, where applicable, the registered owner's express prior written consent is strictly prohibited. The trademarks are protected under the Trademark Act and by state or common law.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PINKY PROMISE (ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE OR RELIABLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PINKY PROMISE HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNITY

You hereby indemnify Pinky Promise and Small Army Ventures, LLC and its affiliates from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Small Army Ventures, LLC or its affiliates to a third party in settlement of a claim or dispute) incurred or suffered by Small Army Ventures, LLC arising out of any breach by you of any provision of this policy or arising out of any claim that you have breached any provision of this Policy.

ACCEPTANCE OF POLICY

By using our App, You signify Your acceptance of this Policy. If You do not agree to this Policy, please do not download, install or use our App.

ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION

If You would like Pinky Promise to delete Your Personal Information from its system, please contact us at the address included in the Contact Us section below or by email at [email protected] with a request that we delete Your Personal Information from its database. Pinky Promise will use commercially reasonable efforts to honor Your request; however, Pinky Promise may retain an archived copy of Your records as required by law or for other legitimate business purposes.

Pinky Promise wants Your Personal Information to be complete and accurate. By using the App, You represent and warrant that all information You provide in connection with Your use of the App and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.

REVISIONS AND MODIFICATIONS TO THIS POLICY

Pinky Promise reserves the right to revise this Policy without any obligation to notify past, current or prospective visitors to our site. You are encouraged to review this Policy frequently so that You have an understanding of Your privacy rights. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended Policy is posted on the App. Use of information we collect now is subject to the Policy in effect at the time such information is used. In the event that We change the purpose or manner in which We use the information that We have collected from You such that it is different from the consent You have provided to Us, We will notify You in advance of such changes through this Policy, by posting a notice on Our Website or in Our App.

INTERNATIONAL USERS

If you are located outside the United States and choose to provide Your information to Pinky Promise, Your information will be transferred to the United States and processed there (or any other country where Pinky Promise operates). By providing Your information and using the App, You agree and consent to the collection, transfer, use, storage and disclosure of Your information as described in this Policy. If You are located in a member state of the European Union (EU), or other country with similar privacy laws, You should be aware that this Privacy Policy does not accord with applicable EU laws regarding Your Personal Information. If you are located in the EU or other country with similar privacy laws, You should not download or use the App. IF YOU DO NOT CONSENT TO THE COLLECTION, TRANSFER, USE, STORAGE AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY, DO NOT USE THIS APP.

CONTACT US/OPT OUT

Pinky Promise respects Your privacy rights. If You have any questions about this Policy or the use of Your information, or if You would like to opt out of the collection of your Personal Information or request that your Personal Information be deleted from the App, please write to us at [email protected] or at the address provided below. We will attempt to respond to all questions in a timely manner. Please note that You will be unable to use the App once Your information has been deleted.


Pinky Promise Inc.

c/o Small Army Ventures, LLC

300 Massachusetts Avenue, Second Floor

Boston, MA 02115


Effective: December 21, 2017

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