Bmoji, LLC (“Bmoji”, “we”, “our”, or “us”) allows you to purchase custom designed bmojis on our Bmoji mobile application (the “Bmoji App”), which you can add to your keyboard and use when texting with your friends and family.
Bmoji respects and is committed to protecting your privacy. That is why we have adopted this Privacy Notice. This Privacy Notice lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein). We pledge that we will take reasonable steps to ensure that your Personal Information and Usage Information (as defined herein) will only be used in ways that comply with this Privacy Notice.
Types of Information Collected
Bmoji, and any third party that we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing support for our Web Properties, and to offer you our services and products, may collect two types of information when you visit the Web Properties: Personal Information and Usage Information.
Personal Information: The types of information that Bmoji collects may include, among other things, the following categories of information (collectively, “Personal Information”): • contact information (e.g., your name, address, phone number, email address); • demographic information (e.g., your date of birth, age, gender); • password, and security questions and answers; • social information (e.g., your social media handle, photos you upload) and information or content from your mobile phonebook, microphone and camera sensor data; • bank account and credit/debit card numbers, and billing address information; and • other information specific to you. Usage Information: The types of usage information that Bmoji collects may contain generic information about you when you visit the Web Properties, which may include, among other things, the following categories of information (collectively, “Usage Information”): • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history (such as, time spent at a domain, time and date of your visit) and number of clicks; • http headers, and operating system and fingerprinting data; and • aggregated information. How Information is Collected
We may collect Personal Information and Usage Information about you from the following sources: • the correspondence you and others send to us; • information we receive from you through the Web Properties and as a result of your use of our services; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; • information we receive from you when you download and register to use the Bmoji App; • information we receive from your computer or mobile device; • information we receive from our affiliates, partners or service providers; and • information we receive from other sources, as permitted by applicable laws, rules and regulations. Additional Ways Usage Information is Collected
We may also collect Usage Information from you in the following ways:
Cookies: From time to time, we may use “cookies” to keep track of your visit and your use of the Web Properties. A cookie is a small piece of data that your browser stores on your computer’s or device’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties. You can choose whether to accept cookies by changing the settings of your browser, but some functionality of the Web Properties may be impaired or not function as intended if you choose not to accept cookies.
Web Beacons: Some of our Web Properties may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may now or in the future carry Web Beacons placed by third party advertisers.
iBeacons and Geolocation: While using certain features of the Bmoji App, we may now or in the future choose to track the physical location of your mobile device or web browser to send you information that is relevant to you. WiFi and IP addresses received from your browser or device may be used to determine your approximate location. You will always have control over whether to transmit your physical location, and you can prevent such disclosure by disabling Bluetooth and WiFi, declining the request to share your location, or adjusting your privacy settings in your mobile device operating system (as applicable).
Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us.
Camera and Photos: Our features may require us to collect images and other information from your mobile device’s camera and photos. For example, you won’t be able to upload photos from your camera roll unless we can access your camera or photos.
Use of Collected Information
Information collected by Bmoji may be used for the following primary purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To personalize your experience on the Web Properties. • To communicate with you and to inform you about Bmoji’s, our affiliates’ and third parties’ products and services, jointly or independently. When Information Is Disclosed
We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we require that these parties agree to process such information in compliance with our Privacy Notice or in a manner that complies with applicable privacy laws. The use of your information by a trusted business partner may be subject to that party’s own privacy notice.
We may now or in the future share Usage Information with third parties to demonstrate the usage patterns for advertisements, content, functionality, promotions, and/or services on the Web Properties and/or on third party websites, or as we otherwise see fit, consistent with applicable law. Non-personally identifiable information, in an aggregated, anonymized form, such that you are not individually identified, may be provided to other parties for marketing, advertising or other uses, as we see fit.
We may also transfer your Personal Information to third parties, including our hosting partners and other trusted third parties who assist us in operating the Web Properties, pursuant to the terms of this Privacy Notice.
We reserve the right to transfer your Personal Information, as well as any information about or obtained from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of our creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.
We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclosure your Personal Information with your permission or as directed by you.
User Account, Password and Security
To use certain features available through the Bmoji App, we require that you create a user (“User Account”). We may require the use of encryption technologies provided for your protection. We use reasonable precautions to protect the privacy of your password and User Account information and to ensure that information collected through the Web Properties is not lost, misused or altered inappropriately by administering security measures. You are ultimately responsible for protecting your password and account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.
While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
You are ultimately responsible for protecting your password and User Account information from disclosure to third parties, and you are responsible for the content you input using the Bmoji App. You are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify us of any unauthorized use of your password and/or User Account and/or any other breach of security; and (b) ensure that you log out of your User Account at the end of each session.
Social Network Sharing
Certain functionality of the Bmoji App is specifically designed to permit interactions that you initiate between the Bmoji App and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our content on the Bmoji App to other websites or services.
If you choose to use Social Features, information you post or provide access to may be publicly displayed by the provider of the Social Feature that you use. Also, both Bmoji and the third party may have access to certain information about you and your use of the Bmoji App and the third party site or service.
The information we collect in connection with Social Features is subject to this Privacy Notice. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services. You should review the applicable privacy polices for these third party Social Feature providers.
If you create your User Account through Social Features and you do not want to link your Bmoji account to such Social Features, you must adjust your settings by visiting the application settings on the Social Features and follow the instructions provided by them. Bmoji cannot adjust these settings for you.
Information from Children
The Web Properties are meant for adults. We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or legal guardian. THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).
Parents and legal guardians should be aware that this Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards, or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Privacy Outside the Web Properties
The Web Properties may now or in the future contain links to other websites, and may contain advertisements of third parties. Bmoji is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.
We may use the services of third party service providers, for example to process payments and other transactions. By using our Web Properties, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers – and/or allow those third party service providers to collect, use, retain and disclose to us – any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.
European Union Users
The Web Properties and our products and services are hosted in the United States and are governed by United States law. If you are using the Web Properties or our products or services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Web Properties or our products and services, you consent to your Personal Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Notice.
Choices with Your Personal Information
Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide any Personal Information to us. However, this information is essential for the provision and quality of some of the services that we offer to you, so we cannot provide you with certain services or provide you with access to certain features if you choose to withhold requested information, for example providing features that require your payment information.
You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice, or by following the procedures set forth in an electronic communication from us, if applicable. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as our agent. There are some uses from which you cannot opt out, such as to provide products, features or services that you have requested from us.
Access and Correction
Please contact us in the manner specified at the end of this Privacy Notice to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable laws, rules and regulations.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once per calendar year) information about the customer information that we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.
To obtain this information, please send an email message to [_____________] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents who use the Web Properties are entitled to the following consumer rights notice: If you have a question or complaint regarding the services or products provided through the Web Properties, please send an email to [______________]. You may also contact us by writing to [__________________________], or by calling us at [___________]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
“Do Not Track” Signals
Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. Like many websites and online services, Bmoji currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.
Your Consent to This Privacy Notice
By accessing and using the Bmoji App and our other Web Properties, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice or some part of it, we will make an effort to post those changes on the Web Properties, including on our Bmoji App home page, so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Bmoji App and other Web Properties following our publication of any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.
If you have questions, would like to access your Personal Information, or want to opt out of certain information sharing, please send your requests to:
Bmoji, LLC [________________] [________________] Phone: [__________] Email: [____________]
Copyright © 2018. Bmoji, LLC. All Rights Reserved.
Effective as of: ___________, 2018 Last updated: ___________, 2018