Terms of Use

Effective date: March 26, 2015

Welcome to Popslate (“Popslate,” “we,” “us” or “our”). By using the Popslate’s always-on second screen (“Popslate Screen”), coupled with our smartphone Application and content streams, you can showcase your favorite images and information on the back of your phone. Popslate lets you:

Instantly customize by popping any image from many sources, including your smartphone camera, photo library, Instagram, and user content channels
Stay connected at a glance to the information you need, such as calendars, to-do lists, and boarding passes.
Share images and information with other users
Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information in relation to Popslate screen and associated hardware, the Popslate smartphone Application, the Popslate Website, and any other software provided on or in connection with Popslate services (collectively, the “Service”), and your choices about the collection and use of your information.

Our Policy applies to all visitors, users, and others who access the Service (“Users”)

By using our Service you understand and agree that we are providing a platform for you to display content, including images, comments and other materials (collectively, “User Content”) on the Poplsate Screen and withing the Popslate Application. The intent of the images displayed on the Popslate Screen may be decorative or to convey textual and/or numerical information, and these images are collectively referred to as “Pop Images”.

You also understand and agree that the Service by default automatically shares User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at http://popslate.com/development/terms_of_use.

Your privacy is important to us. At Popslate we have a few fundamental principles:

We don’t ask you for personal information unless we truly need it.
We don’t store personal information unless required for the on-going operation of our Service.
We aim to make it as simple as possible for you to control what information you share with us.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service.

Information We Collect

You may provide us information, and we may collect information from your use of our Service.

Information You Give to Us

Your name, email, shipping address, and credit card information, along with any other information a financial institution would need to process the transaction, if you make or attempt to make an online purchase of a Popslate product.
Your username, password and e-mail address when you register for a Popslate account.
Profile information that you provide for your user profile (e.g., picture, description).
User Content (e.g., Pop Images, comments, and other materials) that you post to the Service.
Communications between you and Popslate. For example, you may contact us using your email for a customer support question.
Your responses to surveys that we may invite you to complete for research purposes.
Information We Get from Your Use of Our Service

Popslate device-specific logs. These logs may, for example, include your unique device identifier, settings, app configurations and device events like usage, crashes, and system activity.
Smartphone device-specific logs. These logs may, for example, include your hardware model, operating system version and unique device identifiers. This helps us determine the type of environment you’re connecting your Popslate to.
Metadata associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), comments or other data. This makes your User Content more searchable by others and more interactive.
Information about website usage. We may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Popslate Website. This information could include your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
We may also collect similar information from emails sent to our Users, which then helps us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Information Collected by Third Parties

Some content or applications, including advertisements, if any, on the Service are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

As you browse the Popslate Website and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit http://www.networkadvertising.org/choices/ to opt out of most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We have also implemented Google Analytics features based on Display Advertising, Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers. Visitors can opt out by using Google’s Ads Settings or going to https://tools.google.com/dlpage/gaoptout/.

How We Use Your Information

The information we collect allows us to deliver the Service effectively and efficiently to you. It also helps us to develop and improve our products and services by giving us data that can be internally analyzed and audited. In addition, it allows us to keep you posted on Popslate’s latest product announcements, software updates, and upcoming events.

More specifically, we may use information that we receive to:

Ship Popslate orders to you.
Help you efficiently access your information after you sign in.
Remember information so you will not have to re-enter it during your visit or the next time you visit the Service .
Provide personalized content and information to you and others, which could include online ads or other forms of marketing.
Help you and other Users be “found” and “followed” on Popslate by other Users.
Provide, improve, test, and monitor the effectiveness of our Service.
Develop and test new products and features.
Monitor metrics such as total number of visitors, traffic, and demographic patterns.
Diagnose or fix technology problems.
Automatically update the firmware on your Popslate device and the Popslate application on your smartphone.
Send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Note that you may not opt out of Service-related e-mails.
Trace any referrals of the Popslate Service you may make to other Users.
Enable Popslate or other Users to run contests, special offers or other events or activities (“Events”) on the Service.

Sharing of Your Information

We will not rent or sell your information to third parties outside Popslate (or the group of companies of which Popslate is a part) without your consent, except as noted in this Policy.

Parties with whom we may share your information

Popslate is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your User Content and information, including personal information, with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal information may be part of the transferred assets.

Affiliates: We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Popslate is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your User Content.

Agents, Consultants and Related Third Parties: Popslate, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Popslate may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Popslate, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Parties with whom you may choose to share your User Content

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. For information on how to change your privacy settings, see “Your account information and profile/privacy settings” below. Once you have shared User Content or made it public, that User Content may be displayed within Popslate Application on other Users’ smartphones, on other Users’ Second Screens, on the Popslate Website, on Popslate’s social media channels, and on third-party websites and within third-party applications. Publicly shared User Content may also be re-shared by others.
Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our Popslate API. The use of the Popslate API is subject to the API Terms of Use, which incorporates the terms of this Privacy Policy.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Popslate API have copied or saved that information.
What happens in the event of a change of control

If we sell or otherwise transfer part or the whole of Popslate or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
Responding to legal requests and preventing harm

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
How We Store Your Information

Storage and Processing

Your information collected through the Service may be stored and processed in the United States or any other country in which Popslate, its Affiliates or Service Providers maintain facilities.
Popslate, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Popslate, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Popslate cannot ensure the security of any information you transmit to Popslate or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Popslate, at all times. Your privacy settings may also be affected by changes the social media services you connect to Popslate make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
Exclusions

This Privacy Policy does not apply to any personal information collected by Popslate other than personal information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Popslate through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Popslate shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Your Choices About Your Information

Your account information and profile/privacy settings

Update your account at any time by logging in and changing your profile settings.
You may change your profile setting in the app to designate your account as “private,” in which case none of your User Content will be shared publicly. You may also identify individual Pop Images as “private” through settings in the Popslate application, in which case the individual Pop Images would not be shared publicly.
Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
Learn more about reviewing or modifying your account information.
Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. We may use local shared objects, also known as Flash cookies, to display content based upon what you view on our site to personalize your visit. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, go to http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Promotional Offers from the Popslate

If you do not wish to have your e-mail address or contact information used by us to promote our own or third parties’ products or services, you can opt-out by stating your request to support@popslate.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Popslate as a result of a product purchase, product service experience or other transactions.

How long we keep your User Content

Following termination or deactivation of your account, Popslate, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
To delete your account, please contact us.
Integrating Social Network Services

The Service may allow you to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Networking Service(s)”). By directly integrating these services, we can make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social Networking Services account to the Service or log into the Service using your Social Networking Services account, we will collect relevant information necessary to enable the Service to access that Social Networking Service and your data contained within that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed by the policies of such third parties, and Popslate shall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Service.

You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send e-mail to support@popslate.com.

Childrens Privacy

Popslate does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

Other Websites And Services

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

How To Contact Us

If you have any questions about this Privacy Policy or the Service, please contact us at support@popslate.com.

Changes To Our Privacy Policy

Popslate may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Popslate or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.