Thumzap - Privacy Policy

Thumzap Privacy Policy

Last Revised: August 11, 2014

DPSG – Delegation Payment Systems Group, Inc. including its subsidiaries and affiliates (“Company”, “we” or “our”) respects the privacy of the users of our mobile application, known as "Thumzap" (the "App", as such term is further defined in our terms of use) (“User” or “you”) and is committed to protect the User's information. We believe that you have a right to know our practices regarding the information we may collect and use when you use our App.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our terms of use available at: http://thumzap.com/legal/tou("TOU"), into which this Privacy Policy is incorporated thereto by reference.

  1. Your consent (important, please read carefully!)

BY INSTALLING THE APP ON YOUR MOBILE DEVICE, ENTERING INTO, CONNECTING TO, ACCESSING AND/OR USING THE APP, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION AND PROCESSING OF YOUR AND THE APPLICABLE END-USER'S PERSONAL INFORMATION. PLEASE NOTE: IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT INSTALL, ACCESS AND/OR USE THE APP AND YOU ARE REQUESTED TO PROMPTLY ERASE THE APP AND ANY PART THEREOF, FROM YOUR MOBILE DEVICE.

TO THE EXTENT REQUIRED UNDER APPLICABLE LAWS, YOU ARE REQUIRED TO (A) INFORM THE APPLICABLE END-USER REGARDING THE COLLECTION AND USE OF THEIR INFORMATION ACCORDING TO THE PRACTICES SPECIFIED HEREIN; AND (B) RECEIVE ANY APPLICABLE REQUIRED CONSENTS FROM THE END-USERS FOR SUCH COLLECTION AND USE.

  1. Which information we may collect on our Users?

We may collect two types of data and information from our Users:

  1. The first type of information is non-identifiable and anonymous information (Non-personal Information). We are not aware of the identity of the User from whom we have collected the Non-personal Information, i.e., we do not keep a record associating this Non-personal information to a specific and identifiable User. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us when such User installs and/or uses the App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the App, type of operating system, device type, User's 'click-stream' on the App, type of browser, browser and keyboard language, screen resolution, etc.
  2. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. 

For avoidance of doubt, any Non-personal Information connected, linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your acceptance of the TOU and the Privacy Policy.

  1. How Do We Collect Information on our Users?

We collect Personal Information and Non-personal Information through your installation and use of the App. In other words, when you are installing and using the App we are aware of it and may gather, collect and store the information relating to such usage, either independently or through the help of our authorized third-party service providers as detailed below.

  1. What are the Purposes of the Collection of Information?

Non-personal Information is collected in order to:  

Personal Information is collected in order to:

  1. Sharing Information with Third Parties

The Company will not share any Personal Information it collects with any third party. Notwithstanding, the Company may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (f) to protect the rights, property, or personal safety of the Company, its Users or the general public; (g) when the Company is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of the Company; (h) to collect, hold and/or manage your Personal Information through the Company authorized third party providers of certain products or services (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (i) cooperate with third parties for the purpose of enhancing the User's experience; or (j) pursuant to your explicit approval prior to the disclosure.

For avoidance of doubt, the Company may transfer and disclose Non-personal Information to third parties at its sole discretion.

  1. What is our Privacy Policy with respect to Mobile App's End-User Data?

In order to provide you with our digital delegation and monetization services (as further detailed in our TOU) and in order to operate and improve our services and the User's experience, we may collect certain data from and/or about the End-Users' of the Mobile Apps which incorporate our software development kit ("SDK") (the "End-User Data").

By executing the Transaction, you provide your explicit consent for the collection and use of the End-User's Data as required under any applicable laws (including without limitation any applicable privacy protection laws, regulations, orders, decrees and policies relating to the collection, use or dissemination of information about End-Users) and according to the practices specified herein. You represent that you are, to the extent required under any applicable laws, the legal guardian (as such term is defined under any applicable law) responsible for the End-User and authorized under any applicable law the collection and use of such End-User Data.

  1. Third Party Service Providers

While using the App we may be using third party service providers, who may collect, store and/or process the information detailed herein. The Company uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such software and services may include without limitation, Heroku cloud services which its privacy policy can be found at: https://www.heroku.com/policy/privacy and Google Analytics, which privacy policy is located at www.google.com/policies/privacy/partners/ and http://www.google.com/intl/en/analytics/privacyoverview.html.  Please read such third party service providers' terms of use and privacy policies to understand their privacy practices. In order to receive more information regarding the services we receive from third party service providers please contact us at: support@th​umzap.com.

  1. Age Restriction

The App is intended for Users over the age of eighteen (18). Therefore, the Company does not intend and does not knowingly collect Personal Information directly from Users under the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that Users under the age of eighteen (18) are not using the App.

Please note that information collected with respect to the End-Users is detailed above in section 6 of this Privacy Policy.

  1. Direct Marketing and Advertisements

Direct Marketing: You hereby agree that we may use your contact details you provided us with for the purpose of informing you regarding products, services and new features which may interest you, and to send to you other material, transmitted to the e-mail address and/or mobile phone number which you may have provided us with. You may withdraw your consent by sending a written notice to us by e-mail to the following address support@thumzap.com or alternatively following the instructions for removing yourself from the mailing list which are available in the e-mail and/or SMS transmitted to you.

Advertisements: We accept advertisements from third party advertisers. These advertisers are carefully selected to provide information about products and services that we think may be of interest to our Users. Note that if you click on any of these advertisements, these advertisers may use cookies and other web-tracking technologies to collect non-personal and/or personal information about you. We recommend that you review the terms of use and privacy policy for any advertiser with which you are interacting before doing so. Their privacy policy, not ours, will apply to any of those interactions.

  1. Links to Third Party Websites

Certain links provided in the App may permit Users to leave our App and enter non-Company sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of the Company and it is not responsible for the availability of such external sites or services, and does not endorse and is not liable for any content advertising, products, services or other information on or available from such linked sites and services or any link contained in a linked site or service. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.

Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

  1. Cookies & Local Storage

When you access or use the App, we and/or our third party service providers may use industry-wide technologies such as "cookies" and local storage, such as Flash (or other similar technologies), which store certain local information on your device ("Local Storage") which may enable, inter alia, automatic activation of certain features and make the User’s App experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored in the User's device. The Company and/or our authorized third party service providers may access such information. The Company and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Local Storage used by the App may store non-personal information (such as the different pages viewed by a User within the App) as well as User persistent identifier and geo-location data, which will be collected in accordance with the terms specified herein. It is easy to prohibit and/or delete the Local Storage, inter alia, via uninstalling the App from your mobile device and/or through the settings options of your device. Most platforms will allow you to erase cookies from a device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option you may use the settings option of your device or according to the specific instructions provided by the third party service provider's privacy policy and terms of use. However, if you block or erase cookies, or change the settings of your device, your App experience may be affected and may be limited.

  1. Deletion or Modification of Personal Information

Your data is yours. If for any reason you wish to delete or modify your Personal Information you can do so within the App. In the event that you wish to cancel your Account you can send us an e-mail of your request to: Support@thumzap.com, and we will make reasonable efforts to close your Account and delete any Personal Information therein pursuant to any applicable privacy laws. We note that due to technical matters we might not identify that the User uninstalled our App from his/her device. Therefore, to the extent that you would like to cancel your Account and delete your Personal Information you can send us an e-mail of your request to: Support@thumzap.com. We will retain and use your Personal Information for a reasonable time after termination as necessary to comply with our legal or business requirements or obligations (including as required by applicable law), to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account. Aggregated and/or anonymous data derived from your Account may remain on our servers indefinitely. Note that unless you instruct us otherwise we may retain your Personal Information for as long as required to provide you the App and its services, all as permitted under any applicable privacy laws.

  1. Security

We take reasonable measures to maintain the security and integrity of our App and User's Personal Information and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The Personal Information is hosted on the Heroku Cloud servers which provide advanced strict security standards (both physical and logical). The Company employs commercially reasonable protected security procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information. However, there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur.  

  1. Changes to the Privacy Policy

The terms of this Privacy Policy will govern the use of the App and any information collected therein. The Company reserves the right to change this policy at any time, so please re-visit this page frequently to check for any changes. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such material changes will take effect seven (7) days after such notice was provided on our App and/or was sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

  1. Got any Questions? 

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: Support@thumzap.com and we will make an effort to reply within a reasonable timeframe.

--

14596/0/5253646v1