PRIVACY POLICY

POPPING LLC

Last Updated: August 8, 2023

Popping LLC, (“Popping”, “we”, “us” or “our”) is committed to protecting your (“you” or “your”) privacy and empowering you with this privacy policy (this “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected when you use or access our online website (https://www.popping.social) and mobile and web applications (collectively, the “Services”). Our Terms of Service (the “Terms”) and Code of Conduct (the “Code of Conduct”) are expressly incorporated herein by reference and are an integral part hereof. The Terms can be found here: www.popping.social/terms. The Code of Conduct can be found here: www.popping.social/coc.

This Privacy Policy sets forth our policy with respect to information that we collect from you, on or through the Services, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Data” or “Personal Information”). We take the privacy of your Personal Data seriously. Because of that, we have created and abide by this Privacy Policy. By using the Services or otherwise interacting with us, you are agreeing to the application of this Privacy Policy. Please read the following carefully to understand how we collect, use, disclose, and maintain information that can be used to identify you. In addition, this Privacy Policy describes your choices for use, access, and correction of your Personal Data. If you do not agree to be bound by this Privacy Policy, please do not download, access, or use the Services.

1. Changes to this Notice. We may change this Privacy Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If there are significant changes to this Privacy Policy, we will attempt to notify you directly by email or provide information via our Services prior to changes becoming effective. We encourage you to review our Privacy Policy whenever you use the Services to stay informed of ways you can protect your privacy.

2. Information We Collect and Receive. We collect information when you create an account and use the Services. We also collect information you share with us from third-party social network providers and information about your use of the Services. We also collect information contained in the messages you send through our Services and information from your phone, if you grant us access to your mobile device. More information about the categories and sources of information is provided below.

2.1 Information You Provided to Us. When you use the Services, such as when you register, upload content to the Services, or contact us directly, you may provide some or all of the following information:

2.1.1 Account and Profile Information. When you create an account, we collect basic information about you such as name, username, password, email address, phone number, birthday, profile picture, and any other information you input in open text fields.

2.1.1.1 SMS/Text Messaging. In order to validate your phone number provided to us or if you forget your password, you grant us permission to send, and agree to receive, from us a One Time Passcode (“OTP”) via an SMS/text message to your phone number. Message and Data rates may apply. We may also send you SMS/text messages for other purposes, from time to time, such as to receive marketing communications or push notifications, provided that you grant us such consent.

2.1.1.2 Access to Phone Contacts. With your permission, we may request access to your phone contacts and phone contacts information available on your mobile device in order to connect you with/identify people you know who are Popping users, and we may also receive your Personal Information when other Popping users authorize importing or syncing their phone contacts with us.

2.1.2 User Content. We also collect the information you send through the Services (“User Content”), such as user created posts (“Pings”), user created posts that the user sets to be automatically removed from public view (“Pops”), and user created polls soliciting responses from users in a specific location (“Polls”). Please note that other users who view your User Content can always save that content or copy it outside the Services.

2.1.3 Customer Support. When you contact customer support or communicate with us in any other way, we’ll collect whatever information you volunteer or that we need to resolve your question.

2.2 Information We Obtain from Others. We may receive the information described in this Privacy Policy from other sources, such as:

(a) Third Parties. We may collect information about you from third-party services, such as advertising partners and analytics providers.

(b) Other Users of the Services. Other users of the Services may provide us with information about you, such as when they share User Content.

2.3 Information We Automatically Collect. We automatically collect certain information from you when you use the Services, including internet or other network activity information (as described below), unique device identifiers, browsing and search history (including content you have viewed in the Services), and Cookies (as defined in Section 3). Information collected automatically includes:

(a) Device information. We collect information about the device you use to access the Services, including your IP address, unique device identifiers, model of your device, device signals, your mobile carrier, time zone setting, operating system, and information you allow us to receive through device settings you turn on, such as access to your Global Positioning System (“GPS”) location, camera, or photos.

(b) Usage Information. We collect information regarding your use of the Services and any other User Content that you generate or upload on the Services.

(c) Crash and Error Information. If the Services crashes or returns an error, we may collect data to determine the cause of the error. The crash or error information collected may include the following: IP address, device name, operating system version, application configurations(s), the time and date, and other statistics.

(d) Metadata. When you upload User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In particular, the metadata can describe how, when, and by whom the piece of User Content was collected and how that content is formatted.

(e) Messages. We collect, process, and analyze information you provide through the Services’ messaging functionality. This information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Services will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.

3. Cookies. In addition to the above, we use cookies and similar technologies that allow us and third parties to obtain information about your visits to our Services, including analyzing your usage patterns. Although you are not required to accept cookies when you visit our website, you may be unable to use all of the functionality of our website if your browser restricts our cookies. The information we collect from your web browser and from cookies and similar technologies does not identify you personally but in some cases, we may link it to Personal Information.

(a) Below we explain the different types of cookies that may be used on the Services.

Necessary Cookies – Necessary cookies are essential to enable your use of the Services and to identify and prevent security risks, such as storing your session information to prevent others from changing your password without your username and password.

Preference Cookies – We use these cookies to remember your settings and preferences, and to improve your experience on our Services. For example, we may use these cookies to remember your language preferences.

Performance Cookies – We use these cookies to collect information about how you use our Services, monitor the Services’ performance, and improve our Services’ performance, our Services, and your experience. For example, we can use these cookies to learn more about which features are the most popular with our users and which ones might need some tweaks.

Marketing Cookies – We use these cookies to deliver advertisements, to make them more relevant and meaningful to consumers, and to track the effectiveness of our advertising campaigns, both on our services and on other sites or mobile apps. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites.

Unclassified Cookies – Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

(b) In addition to cookies, we may use other similar technologies, like web beacons to track users of the Services. Web beacons, or “clear gifs”, are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of web users.

4. How We Use Your Information.

(a) We may use the information collected for the limited purpose of providing the Services and related functionality and Services, as described in this Privacy Policy and as permitted by applicable laws. These limited purposes include circumstances where it is necessary to provide or fulfill Services requested by or for you or where you have given us your express consent. We may use the information we obtain about you to:

develop, operate, improve, deliver, maintain, and protect our products and services.
send you communications, including by email.
monitor and analyze trends and usage.
personalize our services by suggesting distinct locations (“Hubs”) or other users to follow or customizing the content we show you, including ads.
contextualize your experience by, among other things, using your precise location information (if you’ve given us permission to collect that information) and applying other labels based on the content.
provide and improve our advertising services, ad targeting, and ad measurement.
enhance the safety and security of our products and services.
verify your identity and prevent fraud or other unauthorized or illegal activity.
use information we’ve collected from cookies and other technology to enhance our services and your experience with them.
enforce our Terms, Code of Conduct, and other usage policies and comply with legal requirements.

(b) We may aggregate and/or de-identify information collected through the Services and from other sources so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and we may also share such data with any third parties, including advertisers, promotional partners, business and channel partners, sponsors, and/or others.

5. How We Share and Disclose Information.

5.1 We Do Not Sell Personal Information. We do not sell or otherwise disclose Personal Information we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected. We share information to perform activities that you request.

5.2 Service Providers and Business Partners. We share the categories of Personal Information listed above with service providers and business partners to help us perform business operations and for business purposes.

5.3 Your Consent. We may share information for other purposes pursuant to your consent or with your further direction. If you access third-party services to login to the Services or to share information about your usage on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their privacy policies. If you choose to engage in public activities on the Services, you should be aware that any information you share may be read, collected, or used by other users. We are not responsible for the information you choose to submit.

5.4 Legal Reasons. We may also disclose information about you when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose information about you to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our website; to enforce or apply our Terms, Code of Conduct, or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. We will attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority.

5.5 Sale, Merger, or Other Business Transfer. We also reserve the right to transfer information about you to a successor organization if we transfer the ownership or operation of one of our websites to another organization or if we merge with another organization. If such a transfer occurs, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner consistent with this policy. Following such a sale or transfer, you may contact the entity to which we transferred your Personal Information with any inquiries concerning the processing of that information.

6. Your Choices.

(a) You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. In addition, your choice to disable cookies is specific to the particular browser or device that you are using when you disable cookies, so you may need to separately disable cookies for each type of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Services may no longer be available to you.

(b) You may opt out of behaviorally targeted ads anytime by clearing your cache of your browser's cookies. Additionally, you may opt-out of interest-based advertising from some third-party partners by visiting http://preferences-mgr.truste.com/ or the third-party provider’s websites. Please note that opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) after you opt-out.

(c) We may also obtain information from third parties and combine with information we collect through the Services. We may have access to certain information from a third-party social media service if you create or log into your online account through the Services or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy policy and authorization procedures determined by the social media service. We protect data obtained from third parties according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the other sources of the data.

(d) Your mobile device may include a feature that allows you to opt out of some types of targeted advertising (“Limit Ad Tracking” on iOS and “Opt out of Interest-Based Ads” on Android).

(e) You can opt out of marketing or advertising emails by utilizing the “unsubscribe” link or mechanism noted in marketing or advertising emails.

(f) You can switch off GPS location information functionality on your mobile device if you do not wish to share GPS information.

(g) If you have registered for an account you may access, review, and update certain Personal Information that you have provided to us by logging into your account and using available features and functionalities.

(h) Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

7. Data Processing and Data Transfers. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

8. Security. We take security seriously and have implemented administrative, physical, and technological measures to protect your information from unauthorized access, loss, misuse, disclosure, alteration and destruction. If you wish to report a security concern or if you have a question around security, please submit your inquiry to us in accordance with the “Contact Us” section below.

9. Additional Information for Residents of Certain US States.

9.1 Additional information for California Residents (Effective January 1, 2023).

9.1.1 If you are a resident of the State of California, you may have certain rights afforded to you under the California Consumer Privacy Act or the “CCPA”, as amended by the California Privacy Rights Act.

9.1.2 We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”, and we share Personal Data with the categories of third parties described in the section above titled “How We Share and Disclose Information”. We do not ‘sell’ (as such term is defined in the CCPA) the Personal Data we collect (and will not sell it without providing you a right to opt-out). Please note that we do use third-party Cookies for our advertising purposes as further described in the section above titled “Information We Automatically Collect”.

9.1.3 California law, if applicable to us, provides some California residents with the rights listed below:

(i) You may have the right to request that we disclose to you the Personal Data we collect, use, or disclose, and information about our data practices.

(ii) You may have the right to request that we delete your Personal Data that we have collected from you.

(iii) You may have the right to request that we correct inaccurate Personal Data.

(iv) You may have the right to exercise control over our collection and processing of certain sensitive Personal Data.

(v) You have the right not to receive retaliatory or discriminatory treatment for exercising these rights.

9.1.4 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under California law, please contact us at legal@popping.social or via any other method which may be specified in the “Contact Us” section below. In order to verify your request to know or delete certain Personal Data, we may require you to provide us with certain information to be used solely for the purpose of verifying your identity.

9.1.5 Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

9.2 Additional information for Colorado Residents (Effective July 1, 2023).

9.2.1 The Colorado Privacy Act, if applicable to us, provides some Colorado residents with the rights listed below:

(i) You may have the right to know and see what Personal Data we have collected about you in a portable format.

(ii) You may have the right to request that we correct inaccurate Personal Data.

(iii) You may have the right to request that we delete the Personal Data we have collected about you.

(iv) You may have the right to opt out of targeted advertising (as defined under Colorado law).

9.2.2 To request access to or deletion of your Personal Data, or to exercise any other privacy rights under Colorado law, please contact us at legal@popping.social, or via any other method which may be specified in the “Contact Us” section below.

9.2.3 Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided proof of signed permission, verification of your identity, and, in some cases, confirmation.

9.3 Additional information for Connecticut Residents (Effective July 1, 2023).

9.3.1 The Connecticut Data Privacy Act, if applicable to us, provides some Connecticut residents with the rights listed below:

(i) You may have the right to know and see what Personal Data we have collected about you in a portable format.

(ii) You may have the right to request that we correct inaccurate Personal Data.

(iii) You may have the right to request that we delete the Personal Data we have collected about you.

(iv) You may have the right to opt out of targeted advertising (as defined under Connecticut law).

9.3.2 To request access to or deletion of your Personal Data, or to exercise any other privacy rights under Connecticut law, please contact us at legal@popping.social, or via any other method which may be specified in the “Contact Us” section below.

9.4 Addition Information for Nevada Residents (Effective October 1, 2019).

9.4.1 If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), we are required to provide you with the following:

(i) We may collect certain covered information (as defined under Nevada Law) when you use or visit our Websites, including, but not limited to first and last name, home or other physical address, electronic email address, and telephone number.

(ii) We may share your covered information to third parties as described in the section above titled “How We Share and Disclose Information”.

(iii) Third parties may collect covered information about your online activities over time and across different internet websites or online Websites when you use our Websites.

9.4.2 Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has provided “personally identifiable information” to us via the Website, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at legal@popping.social, or via any other method which may be specified in the “Contact Us” section below. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

9.5 Additional information for Utah Residents (Effective December 1, 2023).

9.5.1 If you are a Utah resident, pursuant to the Utah Consumer Privacy Act, we must share with you that:

(i) We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”;

(ii) We may share your Personal Data to third parties as described in the section above titled “How We Share and Disclose Information”; and

(iii) We collect the categories of Personal Data described in the section above titled “Information We Collect and Receive”.

9.5.2 Utah law, if applicable to us, provides some Utah residents with the rights listed below:

(i) You may have the right to know and see what Personal Data we have collected about you in a portable format.

(ii) You may have the right to request that we delete the Personal Data we have collected about you.

(iii) You may have the right to opt out of targeted advertising (as defined under Utah law).

9.5.3 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Utah law, please contact us at legal@popping.social, or via any other method which may be specified in “the Contact Us” section below.

9.6 Additional information for Virginia Residents (Effective January 1, 2023).

9.6.1 If you are a Virginia resident, pursuant to the Virginia Consumer Privacy Act, we must share with you that:

(i) We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”;

(ii) We may share your Personal Data to third parties as described in the section above titled “How We Share and Disclose Information”; and

(iii) We collect the categories of Personal Data described in the section above titled “Information We Collect and Receive”.

9.6.2 Virginia law, if applicable to us, provides some Virginia residents with the rights listed below:

(i) You may have the right to know and see what Personal Data we have collected about you.

(ii) You may have the right to request that we correct inaccurate Personal Data.

(iii) You may have the right to request that we delete the Personal Data we have collected about you.

(iv) You may have the right to opt out of targeted advertising (as defined under Virginia law).

9.6.3 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Virginia law, please contact us at legal@popping.social, or via any other method which may be specified in the “Contact Us” section below.

10. Information Retention. We retain certain Personal Information for varying time lengths. For example, we retain your basic account information until you ask us to delete your account. While you may have the ability to delete User Content or set User Content to be automatically deleted once uploaded, such deletion only means it is no longer visible to others. However, we may retain such information where: (i) immediate deletion is not technically feasible; (ii) your content has been used by others in accordance with the Terms; or (ii) required by law. In such instances, we will retain the information for no longer than is necessary for the purposes for which it has been retained. For information that has not been actively deleted, please keep in mind that we will retain information required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes, or enforce our agreements. We may also retain copies of your information for disaster recovery purposes.

11. Links to Third Party Websites. We may make available certain third-party products or Services to you through the Services (including via links to third party tools). When you click on a link to a third-party website from our website, your activity and use on the linked website is governed by that website’s policies, not by ours. We encourage you to visit their websites and review their privacy and user policies.

12. Children’s Privacy. We are committed to protecting children’s privacy and to follow the laws, regulations and guidelines in regard to children’s privacy. The Services are not directed at children under the age of thirteen (13) and we do not knowingly collect Personal Information from anyone under the age of thirteen (13). If you have concerns regarding children’s privacy or believe that we have collected information from a child under the age of thirteen (13) on the Services, please contact us in accordance with the “Contact Us” section below.

13. Contact Us. If you have any questions or concerns about our Privacy Policy, please contact us via email at legal@popping.social.

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