CHATBACK PRIVACY POLICY

Our Privacy Commitment

Last Modified on March 23rd, 2016

Backchat, Inc. (“Backchat,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Chatback mobile application (the “App”) and the Chatback website (the “Site”) where this Privacy Policy is posted (we refer to the Site, the App and the services made available by Backchat, collectively, as the “Chatback Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Chatback Features how we use and protect the information we collect through the Chatback Features. By using any of the Chatback Features, you consent to Backchat’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and the Chatback Features and not to any other website or mobile application that you may be able to access from the Site or the Chatback Features which may have its own data collection and use practices and policies.

This policy answers the following questions:
- What information do we collect about you and how do we use it?
- Will we share your personal information with third parties?
- What choices do you have about the collection and use of your personal information?
- What security measures do we take to safeguard your personal information?

Types of Information We Collect
In order to use the App, you must grant the App access to the Camera Roll on your mobile device. When you grant the App such access, it uses geographic location data embedded in the photographs stored on your mobile device to identify places where you have been for the purpose of enabling communications with other users who have been to the same place. The App does not allow any other user to see where you have been unless that user also has a photograph associated with that location. Identifying information, such as your nickname and profile image, is never disclosed to other users except at those locations where you have chosen to make yourself visible by, for example, posting a message or “checking in”. If you do not choose to make yourself visible at a location, other users learn only that another anonymous user has a photograph nearby to theirs.

When you first use the App, an anonymous account is automatically created and saved to your mobile device. In order to share content with other users, you may be required to provide a nickname and profile image by which other users can identify you. To access additional capabilities, such as the ability to use your account on a different device, you may be required to provide a username and password. When you register a username you may provide an e-mail address by which you may recover access to your account if you forget your password, but this is optional.

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Chatback Features generally. However, you may be required to submit personal information to access certain aspects of the Site, the App, and the Chatback Features. We may collect non-personal information such as your browser type, when you accessed the Chatback Features and from what physical location you accessed the Chatback Features. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Chatback Features. We also may use this data to monitor the Chatback Features’ performance and to make the Chatback Features easier and more convenient to use.

We collect personal information when you create an account through the Chatback Features; subscribe to our newsletter; participate in registration forms, feedback forms or surveys; or receive customer or technical support.
Some of the Chatback Features also allow you to link your account to Instagram or other social networking services. If you sign up for one of those features, we may collect personal information from the social networking services to which you link your account.
By submitting personal information through the Chatback Features, you authorize Backchat to share this personal information for the purposes identified herein and on the Chatback Features, such as responding to user inquiries, distributing materials, and requesting feedback.

Third Party Privacy Policies
Through the Chatback Features, you may be able to link to technology, software and services owned and controlled by third parties (“Third Party Features”). You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s terms of use, terms of service and privacy policy. You agree to look solely to the applicable third party and not to Backchat to enforce your rights in relation thereto.

How We Use Your Personal Information
The personal information you provide to us will allow us to communicate with you and provide the Chatback Features to you, depending on the Chatback Features for which you register. This includes alerting you of new products or services, features, or enhancements to the Chatback Features; handling your customer service questions or issues; requesting feedback; distributing newsletters; and notifying you of promotions, updates, or special offers that we think may interest you. We may also use your email address as part of the Chatback Features in sending you messages about the Chatback Features and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Chatback Features. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our information collection servers and perform technology and related services.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Chatback Features. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Chatback Features (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Chatback Features users.

Do Not Track
In compliance with California legislation, AB370, effective January 1, 2014, Backchat’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Backchat does not collect user information about your online activities over time and across different websites, or authorize third parties to do so.

Cookies
“Cookies” are small bits of electronic information that a website or mobile application sends to a visitor and are stored on the visitor’s hard drive. Like many services, we employ cookies in certain aspects of the Chatback Features to allow us to provide information to make your experience more convenient. For example, when you return to the Chatback Features after logging in, cookies provide us with information so that we will remember who you are on subsequent visits, speeding up or enhancing your experience of the Chatback Features by, for instance, tailoring content to you. Cookies may also be used to keep track of your login name and password and your click stream data. While Backchat may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to Backchat through the Site, the App or otherwise.
Third parties whose websites are accessible through links on the Chatback Features may also use their own cookies when you link to their site or service. Backchat does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as Backchat. Backchat expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third party sites that you visit through a link from the Chatback Features to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

Log Information
Our servers automatically record information that your browser sends whenever you access the Chatback Features. This information includes your Internet Protocol address, which Chatback Features you use and from where, and when and how long you use them (the “Tracking Technology”). We use this information to monitor and analyze how users use the Chatback Features, to provide customer service and to maintain and improve the Chatback Features. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Chatback Features.

Children’s Privacy
We do not knowingly collect personal information from children under 13, or allow them to create an account for the Chatback Features. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.
Will we share your personal information with third parties?

Sharing Your Information
We use your personal information to provide the Chatback Features to you, including to handle your customer service questions or issues and send communications to you about promotions, updates, or special offers (which may be offered by Backchat or one of its business partners) that may be of interest to you. The personal information uploaded by you through the Chatback Features will be shared only with authorized persons to whom you specifically grant access. We may also use your de-personalized personal information (including Analytical Data) to provide analyses of our users in the aggregate to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:
Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.Will we share your personal information with third parties?

Protection of Rights
We use will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Chatback Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Chatback Features, or (iv) such action is appropriate to protect the rights, property or safety of Backchat, its employees, users of the Chatback Features or others.

Asset Transfer
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Backchat’s assets, user information, including personal information collected from you through your use of the Chatback Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email or a prominent notice on the App or Site.


Additional Information You Should Know About Third Parties
The Chatback Features may contain direct links to websites or apps operated by our partners and other entities. These third party websites or apps may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites or apps linked to the Site or accessible through the Chatback Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites, apps or services to obtain information regarding their information collection, use and disclosure policies.

What choices do you have about the collection and use of your personal information?

Control of Your Information
You may update or delete your personal information or modify your account preferences for the Chatback Features by accessing the account interface provided through the Chatback Features. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting Out of Receiving Communications From Us
If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by writing to us at support@chatback.mobi or following to the “unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

Mediation
You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Backchat will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What security measures do we take to safeguard your personal information?
The personal information that you provide to us is stored on servers which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Backchat employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Chatback Features. All Backchat personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Chatback Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Notification of Changes
This Privacy Policy may change from time to time and we will post all changes on the Site and the App.

Questions? Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at support@chatback.mobi