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Privacy Policy

Last Updated: Aug 12, 2015 02:03PM EDT
Schmoozyshops by Schmoozys, LLC
Privacy Policy
This Privacy Policy is part of the End User License Agreement (“EULA”) governing use of the website located at www.Schmoozyshops.com (the “Website”), provided by Schmoozys, LLC, a Florida limited liability company (“Schmoozyshops”, “we” or “us”).  You must be at least eighteen (18) years old to use the Website.  We desire to protect any personal information you choose to provide us as described in this Privacy Policy, the terms of which you accept by accessing and utilizing the Website.  Please note that our account registration process has a setting you can elect allowing you to remain "private" on the Website.
Information We Collect
Registration, Payment and Personal Information.  Depending on your desired level of engagement with Schmoozyshops, you can elect to submit via the Website information that may include your name, e-mail address, account password and security question responses, phone number, birthday, gender, photo or avatar, social media "handles," etc.  If you want to execute a sale transaction, we will collect further payment information such as your credit card number, expiration date and billing address (“Payment Information”, which we do not view or retain, but is utilized by our payment processor via its interface with the Website).  Before you participate in a Schmoozyshops affiliate program through which you have the potential to earn commissions treated as income, you must also submit tax-reporting information to us, e.g., the information required by the Internal Revenue Service's Form W-9.  Should you utilize your account with us in conjunction with one of your social media accounts, we may obtain the name, user name, profile picture, e-mail address, and other disclosed demographics associated with that account.  Additionally, when requesting and performing various activities on the Website, you may provide us personal information that will facilitate our effective response to those requests, including items such as consumer preferences and personal interests (collectively, along with all preceding items in this paragraph, “Personal Information”).
Technical Information.  When you access the Website, it may record information transmitted, including access times, Internet Protocol (IP) addresses, and kind of browser used.  We may also use "cookies" or "web beacons" (certain small data files stored on your device that collect information about visits and usage, retain user preferences and account settings, and may improve the personalization and efficiency of your recurring experience with our services).  If you set your browser to not accept cookies, your experience of the Website might accordingly be different and less efficient.  We may also obtain technical information from your device, including your unique device identifiers, hardware model, operating system and version, mobile network information, and information about the device's interaction with our services.  We may also identify other software running on the device for anti-fraud and malware-prevention purposes, but will not collect any content from it.  The “Technical Information” described in this paragraph is non-demographic and is not, in and of itself, personally identifiable.  We therefore consider it Blind Data, as that term is defined below.  We may use this Technical Information to, for example, improve users’ Website experience or block users who violate this Privacy Policy or the EULA.
Location-Based Information.  When you use the Website, we will collect location-based data (“LBI”) from you, such as identifying locations where you use the Website, or make a Schmoozyshops transaction.  We may use LBI to provide you listings of nearby Market Participants, targeted coupons, special offers, etc.  Certain Website functions may be dependent on LBI, and your withholding of LBI may prevent or materially limit certain Website functionality.  You are able to discontinue providing LBI.  If you initially consent to our collection of LBI, you can subsequently stop it at any time by changing the preferences on your device or discontinuing use of the Website.
Transaction Data.  We may collect information related to your use of the Website, including, without limitation, Market Participants with whom you Transact, search features you utilize, items browsed, sold, or purchased, and amounts spent or earned (“Transaction Data”).
Use of Information
Permitted Uses.  Personal Information, Technical Information, LBI and Transaction Data are collectively referred to as “Information.”  We only collect and process Information submitted to us through the Website for the purposes described in this Privacy Policy or the EULA, including:  identity verification; fraud and abuse prevention; performing purchase, sale, payment, and bookkeeping functions; advertising; delivering marketing communications from other Market Participants and third parties; promotions, rewards or contests; loyalty program administration; research, analysis of usage, and development of new services or content; improvement of the services offered; feedback surveys; user rankings; provision of technical notices, security alerts, and support and administrative messages; our internal business purposes; and to protect our rights, your rights and the rights of other users.  Information includes data we collect through the Website, even if you have not signed up for a Schmoozyshops account, or made purchases or sales via the Website.
Blind Data.  We may use compiled and analyzed Information to monitor and improve the Website, including the generation of non-personally identifiable, non-demographic aggregated information and usage statistics (“Blind Data”).  You hereby grant to us a non-exclusive, transferable, sublicensable, royalty-free license to use Information we collect from you to generate Blind Data.  If we collect or generate Blind Data, it will be owned by us and we may use it for any lawful business purpose without further consideration.
Information Sharing.
  • Unless we have your consent or as otherwise stated in this Privacy Policy, we do not share any of your Information.
  • We may share certain Personal Information, LBI and Transaction Data (excluding Payment Information) with certain Market Participants, advertisers, and product and service providers, as applicable, to improve their products, services, and marketing, and to provide you individualized offers and discounts.
  • If you make a purchase via the Website, the Website will automatically transmit your encrypted Payment Information to our payment processor (the “Payment Vendor”).  During payment, this information is likely to be provided to financial institutions, processors, payment card associations, and other entities that are part of the payment or transfer process.  Please be advised that, though we will not, a Payment Vendor may store your Payment Information.  Processing may involve evaluation of card suspension or cancellation, and payment and balance data.  Except as described here, we will not access, decrypt or store your Payment Information.
  • We may also provide Information to our agents, technology vendors and contractors on a “need-to-know” basis for the purpose of providing the Website's services.  They are required to keep the Information confidential, and may not use it for any purpose other than to perform services for us, or as otherwise required by law.
  • We may submit any information we have regarding an alleged violation of law involving the Website to law enforcement, or to other governmental or regulatory entities (including pursuant to a subpoena, court order, or other legal process; or upon reasonable belief that a violation of applicable law has occurred).  We may also submit such information as is required to establish our legal rights or defend against legal claims.
  • We may assign and transfer the Information to a third-party successor-in-interest in connection with, or in negotiation of:  a merger, acquisition, sale of substantially all our assets or stock, or similar change-in-control transaction; a financing event; or a bankruptcy or dissolution proceeding.
  • Should you obtain the Information of another Market Participant or other user of the Website, you are expressly forbidden from sharing such Information unless you have express written consent from that party.
Information Security
We use commercially reasonable efforts to protect Information via maintenance of standard physical, electronic, and procedural safeguards.  Despite our actions and precautions, no Internet data transmissions are completely secure; they are subject to theft, fraud, destruction, alteration, disclosure, unauthorized access and other misuse.  Some potential features you use, such as messaging and e-mail, inherently share Information that can be collected and used by others.
The security of your Schmoozyshops account depends on you performing your responsibility to control access to your systems, devices and applications, including maintaining physical possession of your devices, and keeping your passwords and security codes confidential, without sharing them with anyone.  It is also your responsibility to alert us, and your Internet service or wireless provider, if you believe your device, or the security of information accessed via the Website has been compromised.  You agree to cooperate with us in any security investigation, and to use any fraud prevention measures we prescribe.
You agree that there is risk involved in your transmission of Information to us, some of which is unavoidable and may be:  (a) incurred because of circumstances out of our control; or (b) inherent to all similar Internet transmissions.  To the greatest extent permissible under applicable law, we are not responsible for the security or privacy of any Information you choose to submit to us.
Third-Party Websites and Technologies.
We are not responsible for the privacy and data security practices, or the content or services, of third-party websites and services, including those to which you may elect to link via the Website.  You must review the privacy policies and terms of use of these other websites to understand their business practices.  We may employ third-party technologies (such as Google Analytics, as a simple example) that are governed by their own privacy and data security practices.  This Privacy Policy does not cover the information practices of third parties who may collect your information, nor do we assume any liability for them.  If you have an issue with a third party, including any Payment Vendor, you must contact that third party directly.
Retention and Disposal of Personal Information.
We retain Information to provide, maintain, and augment our services, and to comply with legal requirements and standard business practices.  We retain Information for as long as:  (a) we have a business need to do so; or (b) applicable laws, regulations, or government orders require.  When we dispose of Information, we use reasonable procedures to erase or render it unreadable (for example, shredding documents and wiping electronic media).  We may retain Blind Data for so long as it is relevant to our business model, in our discretion.
General Provisions
Privacy of Children.
We do not knowingly collect Personal Information from children under the age of thirteen (13).  If we learn that we have inadvertently done so, we will take commercially reasonable steps to delete that Personal Information.  If you fail to secure your device and access credentials, your Schmoozyshops account could be used by minors without your or our knowledge.  Any Personal Information collected as a result of such usage will be associated with the subject adult accountholder, and will be treated accordingly under this Privacy Policy.
If you violate our Privacy Policy or the EULA, we may prevent you from using the Website.  If you believe another person has committed such a violation, contact us via the customer care contact information we provide in the copy of the EULA you retained.
International Transfers.
Information collected through the Website may be stored and processed in the United States or any other country in which we, or our affiliates, subsidiaries, agents or contractors, maintain facilities or Internet infrastructure.  By using the Website, you consent to any such foreign transmission.
Updating Your Information.
  • You may update or correct Information about yourself, or deactivate your account, at any time by logging into your Schmoozyshops account or e-mailing us at help@schmoozys.com.
Changes to this Privacy Policy.
This Privacy Policy will change from time to time to maintain compliance with applicable law and regulations.  We reserve the right to modify this Privacy Policy at any time in our sole discretion by posting the most recent version (which shall supersede any other version) on the Website.  Your continued use of the Website subsequent to any amendment of the Privacy Policy constitutes acceptance of the terms as they exist at the time of your usage.
Schmoozys, LLC maintains a Chief Privacy Officer, who may be reached at privacy@schmoozys.com.
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