Privacy Policy
Last Updated: December 8, 2014
FUNLOCITY PRIVACY POLICY
Funlocity (hereinafter referred to as "Funlocity", "we", "us" or "our") operates a platform and community marketplace that helps people form lasting offline experiences and relationships directly with one another, where they can create, list, discover and book unique Experiences, whether through our website or our mobile applications (“Platform”).
This Privacy Policy is intended to inform you about how we
treat Personal Information that we process about you. If you do not agree to
any part of this Privacy Policy, then we cannot provide the Platform to you,
and you should stop accessing the Platform and deactivate your Funlocity
account. You can find out more about how to deactivate your Funlocity account
at: https://company.funlocity.com/app#/help
DEFINITIONS
Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Experiences”, “Content” etc.), it shall be given its definition as outlined in our Terms of Service (http://company.funlocity.com/terms/conditions).
“Aggregated information” means information about all of our users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.
"Data Controller" means Funlocity, the company responsible for the use of and processing of Personal Information.
"Personal Information" means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.
WHAT TYPES OF INFORMATION DOES FUNLOCITY GATHER ABOUT ITS USERS?
1. Information that you give us
We receive, store and process information that you make available to us when accessing or using our Platform. Examples include when you:
➢ Fill in any form on the Platform, such as when you
register or update the details of your user account;
➢ Access or use the Platform, such as to search for or post
Experiences, make or accept bookings, pay for Experiences, book or pay for any
associated services that may be available, post comments or reviews, or
communicate with other users;
➢ Link your account on a third party site (e.g. Facebook) to
your Funlocity account, in which case we will obtain the Personal Information
that you have provided to the third party site, to the extent allowed by your
settings with the third party site and authorized by you; and
➢ Communicate with Funlocity.
2. Mobile Data
When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
3. Log Data
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Funlocity or logged in to your Funlocity account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
4. Cookies, and other Tracking Technologies
Funlocity uses cookies and other similar technologies on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Funlocity services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
We may, either directly or through third party companies
and individuals we engage to provide services to us, also continue to track
your behavior on our own Platform for purposes of our own customer support,
analytics, research, product development, fraud prevention, risk assessment,
regulatory compliance, investigation, as well as to enable you to use and
access the Platform and pay for your activities on the Platform. We may also,
either directly or through third party companies and individuals we engage to
provide services to us, track your behavior on our own Platform to market and
advertise our services to you on the Platform and third party websites. Third
parties that use cookies and other tracking technologies to deliver targeted
advertisements on our Platform and/or third party websites may offer you a way
to prevent such targeted advertisements by opting-out
at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies
provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of
receiving targeted advertising, you may still receive
advertising on the Platform – it just will
not be tailored to your interests.
Third parties may not collect information about users’
online activities on the Platform except as described in this policy and
our Cookie Policy (http://company.funlocity.com/terms/privacy_policy).
5. Third-party social plugins
Our Platform may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.
As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.
HOW FUNLOCITY USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
We use and process Information about you for the following general purposes:
1. to enable
you to access and use the Platform;
2. to operate,
protect, improve and optimize the Platform, Funlocity’s business, and our
users’ experience, such as to perform analytics, conduct research, and for
advertising and marketing;
3. to help
create and maintain a trusted and safer environment on the Platform, such as
fraud detection and prevention, conducting investigations and risk assessments,
verifying the address of your listings, verifying any identifications provided
by you, and conducting checks against databases such as public government
databases;
4. to send you
service, support and administrative messages, reminders, technical notices,
updates, security alerts, and information requested by you;
5. where we have your consent, to send you marketing and
promotional messages and other information that may be of interest to you,
including information sent on behalf of our business partners that we think you
may find interesting. You will be able to unsubscribe or opt-out from receiving
these communications in your settings (in the “Account” section) when you login
to your Funlocity account;
6. to
administer rewards, surveys, sweepstakes, contests, or other promotional
activities or events sponsored or managed by Funlocity or our business
partners; and
7. to comply
with our legal obligations, resolve any disputes that we may have with any of
our users, and enforce our agreements with third parties.
HOW FUNLOCITY USES AND PROCESSES USER COMMUNICATIONS
We may review, scan, or analyze your communications with
other users exchanged via the Platform for fraud prevention, risk assessment,
regulatory compliance, investigation, product development, research and
customer support purposes. For example, as part of our fraud prevention
efforts, the Platform may scan and analyze messages to mask contact information
and references to other websites. This helps to prevent fraudulent actors from
asking Users to send them money outside of the Platform, such as by bank transfer
or other money transfer methods. We may also scan, review or analyze messages
for research and product development purposes to help make search, booking and
user communications more efficient and effective, as well as to debug product
offerings.
We will not review, scan, or analyze your communications for sending third
party marketing messages to you. We will also not sell these reviews or
analyses of communications to third parties. We will also use automated methods
to carry out these reviews or analyses where reasonably possible. However, from
time to time we may have to manually review some communications. By using the
Platform, you consent that Funlocity, in its sole discretion, may review, scan,
analyze, and store your communications, whether done manually or through
automated means.
WHEN FUNLOCITY DISCLOSES OR SHARES PERSONAL INFORMATION, AND TO WHOM
IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries
Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
Your Personal Information may be disclosed as follows:
1. Parts of your public profile page that contain some
Personal Information may be displayed in other parts of the Platform to other
users for marketing purposes.
2.
Your public Listing page
will always include some minimum information such as the city and neighborhood
where the Experiences are taken place, your public profile photo and your
responsiveness in replying to Users’ queries. Parts of your public Listing page
may be displayed in other parts of the Platform to other users for marketing
purposes. The Platform may also display the Experiences’ approximate geographic
location on a map, such that a user can see the general area of the
Experiences.
3. The Platform allows your public profile and public Listing
pages to be included in search engines, in which case your public profile and
public Listing pages will be indexed by search engines and may be published as
search results. This option is enabled by default, and you may opt out of this
feature by changing your settings on the Platform. If you change your settings
or the information on your public profile or public Listing pages, third-party
search engines may not update their databases quickly or at all. We do not
control the practices of third-party search engines, and they may use caches
containing outdated information, including any information indexed by the
search engine before you change your settings or the information on your public
profile or public Listing pages.
4. When you submit a request to book Experiences, your full
name will become visible to the Vendor. In addition, if you agree to be
contacted by the Vendor by phone when submitting your request and the Vendor
decides to do so, Funlocity will call your phone number first, before
connecting you with the Vendor. We will not share your phone number unless
there is a confirmed booking.
5. When your request to book Experiences is accepted by the
Vendor or when you accept a User’s request to book your Experiences, we will
disclose some of your Personal Information to the Vendor or User. However, your
billing information will never be shared with another user.
6. When a User participates in your Experiences or when you
participate in a Vendor’s Experiences, we will ask you to review the User or
the Experiences. If you choose to provide a review, your review may be public
on the Platform.
7. You may link your account on a third party social
networking site to your Funlocity account. We refer to a person’s contacts on
these third party sites as “Friends”. When you create this linkage:
o some of the
information you provide to us from the linking of your accounts may be
published on your Funlocity account profile;
o your
activities on the Platform may be displayed to your Friends on the Platform
and/or that third party site;
o other Funlocity users may be able to see any common Friends
that you may have with them, or that you are a Friend of their Friend if
applicable;
o other Funlocity users may be able to see any schools, hometowns
or other groups you have in common with them as listed on your linked social
networking site(s); and
o the information
you provide to us from the linking of your accounts may be stored, processed
and transmitted for fraud prevention and risk assessment purposes.
The publication and display of information that you provide to Funlocity
through this linkage is subject to your settings and authorizations on the
Platform and the third party site.
8. We may distribute parts of the Platform (including your
Listing) for display on sites operated by Funlocity’s business partners, using
technologies such as HTML widgets. If and when your Listings are displayed on a
partner’s site, information from your public profile page may also be
displayed.
9. We may allow our related entities such as our
subsidiaries, and their employees, to use and process your Personal Information
in the same way and to the same extent that we are permitted to under this
Privacy Policy. These related entities comply with the same obligations that we
have to protect your Personal Information under this Privacy Policy.
10. We may provide Personal Information about you to these
third parties, or give them access to this Personal Information, for the
limited purpose of allowing them to provide these services. We will ensure that
such third parties have contractual obligations to protect this Personal
Information and to not use it for unrelated purposes.
11. You acknowledge, consent and agree that Funlocity may
access, preserve and disclose your account information and Collective Content
if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to (a) respond to claims
asserted against Funlocity; (b) to comply with legal process (for example,
subpoenas and warrants); (c) to enforce and administer our agreements with
users, such as the Terms of Service, (http://company.funlocity.com/terms/privacy_policy); (d)
for fraud prevention, risk assessment, investigation, customer support, product
development and de-bugging purposes; or (e) to protect the rights, property or
personal safety of Funlocity, its users or members of the public. We will use
commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by
the government request, or if doing so would be futile or ineffective.
We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.
BUSINESS TRANSFERS BY FUNLOCITY
If Funlocity undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.
HOW TO CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR FUNLOCITY ACCOUNT
You may review, update, correct or delete the Personal Information in your Funlocity account by logging in to your account. If you would like to cancel your Funlocity account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Funlocity account is cancelled.
KEEPING YOUR PERSONAL INFORMATION SECURE
We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.
YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
The Platform will contain links to other websites not
owned or controlled by Funlocity. Funlocity does not have any control over
third party websites. These other websites may place their own cookies, web
beacons or other files on your device, or collect and solicit Personal
Information from you. They will have their own rules about the collection, use
and disclosure of Personal Information. We encourage you to read the terms of
use and privacy policies of the other websites that you visit.
Some portions of the Platform implement Google Maps/Earth
mapping services, including Google Maps API(s). Your use of Google Maps/Earth
is subject to Google’s terms of use (located at http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at http://www.google.com/privacy.html), as may be amended by Google from time to time.
CHANGES TO THIS PRIVACY POLICY
We may change how we collect and then use Personal
Information at any time and without prior notice, Experiences sole discretion.
We may change this Privacy Policy at any time. If we make material changes to
the Privacy Policy, we will notify you either by posting the changed Privacy
Policy on the Platform or by sending an email to you. We will also update the
“Last Updated Date” at the top of this Privacy Policy. If we let you know of
changes through an email communication, then the date on which we send
the email will be deemed to be the date of your receipt of that email.
It’s
important that you review the changed Privacy Policy. If you do not wish to
agree to the changed Privacy Policy, then we will not be able to continue
providing the Platform to you, and your only option will be to stop accessing
the Platform and deactivate your Funlocity account. You can find out more about
how to deactivate your Funlocity account at: https://company.funlocity.com/app#/help
GOT FEEDBACK?
Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at contact@funlocity.com.
We endeavor to keep your information accurate, complete and up to date. If your Personal Information that we hold is inaccurate, please let us know and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your request that the relevant action has been taken.
COOKIE POLICY
Funlocity uses "cookies" in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.
Funlocity cookies and third party cookies
Funlocity may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.
We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.
Other technologies
The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
Uses for Funlocity cookies
Funlocity uses cookies for a number of purposes, such as the following:
1. to enable,
facilitate and streamline the functioning of the Platform across different
webpages and browser sessions.
2. to simplify
your access to and use of the Platform and make it more seamless.
3. to monitor
and analyze the performance, operation and effectiveness of the Platform, so
that we can improve and optimize it.
4. to show you
content (which may include advertisements) that is more relevant to you.
5. to track referrals from registered
affiliates.
Uses for third party cookies
Our partners’ cookies are intended to obtain information
to help them provide services to Funlocity. For example, third party companies
and individuals we engage to provide services to us may track your behavior on
our Platform to market and advertise Funlocity listings or services to you on
the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted
advertisements on our Platform and/or third party websites may offer you a way
to prevent such targeted advertisements by opting-out at the websites of
industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies
provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of
receiving targeted advertising, you may still receive advertising on the
Platform – it just will not be tailored to your interests.
In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the Funlocity mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.
Disabling Cookies
Most browsers automatically accept cookies, but you can
modify your browser setting to decline cookies by visiting the Help portion of
your browser’s toolbar. If you choose to decline cookies, please note that you
may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies
operate differently than browser cookies, and cookie management tools available
in a web browser will not remove flash cookies. To learn more about how to
manage flash cookies, you can visit the Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).
Changes to this Cookie Policy
We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.
It’s important that you review the changed Cookie Policy.
If you do not wish to agree to the changed Cookie Policy, then we cannot
continue to provide the Platform to you, and your only option is to stop
accessing the Platform and deactivate your Funlocity account.
You can find out more about how to deactivate your Funlocity account at: https://company.funlocity.com/app#/help