Last Updated: 10/10/2020
INTRODUCTION
Thank you for choosing to be part of our community at Peachly.com (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us through the contact information provided at the end of this privacy notice (hereinafter referred to as this “Policy”).
When you visit our website https://www.peachly.com (hereinafter referred to as the "Website" or “Site”), and more generally, use any of our services (hereinafter referred to as the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously.
In this Policy, we seek to explain to you in the clearest terms possible what information we collect, how we use it and what rights you have in relation to such information. We hope you take some time to read through it carefully, as it is important.
Please note that, unless we define a term in this Policy, all capitalized terms used in this Policy have the same meaning as in our Terms and Conditions/Terms of Use accessible at https://www.peachly.com/terms (hereinafter referred to as our “Terms and Conditions”). So, please make sure that you have read and understood our Terms and Conditions.
By using any of our Services, or by providing us with your personal information, you agree to this Policy and agree to be bound by our Terms and Conditions. If there are any terms in this Policy that you do not agree with, please discontinue the use of our Services. If you have any questions or concerns about our policy or our practices with regard to your personal information, please contact us through the contact information provided at the end of this Policy.
We also appreciate that different jurisdictions may impose different restrictions on the usage and eligibility to access services such as ours and we note that it is upon the User to comply with the applicable local legal requirements. Peachly shall not at any point in time be held liable for any User’s individual violation of such local legal requirements.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT.
1. ABOUT US
Peachly is a social network which enables users to share their content; other users to enjoy the said content and for some to do both (hereinafter collectively referred to as the “Users”). This policy relates to all Users.
Peachly is the trading name of Peachly, LLC.
By participating in our social network, you have contracted with us and the processing of data set out herein is part of that contract. The contract is the Terms and Conditions to which all Users are a party and the same is binding upon all Users. To the extent that we have to monitor and control the use of our Site, the basis for that monitoring and control is to purely to fulfill a legal obligation.
2. OUR POLICY ON MINORS
Our Services are not intended for anyone under the age of eighteen (18) years. We prohibit anyone who does not meet this age requirement from accessing our Services. We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you suspect that a user is under the age of 18 or that we might have personal information from or about a minor, please report such cases through the contact information provided at the end of this Policy.
3. THE INFORMATION WE COLLECT
As you use our Services, there is certain information we collect from you which may include the following:
(i) Information provided directly by you when you provide it on the Site;
(ii) Data from your computer device or mobile phone;
(iii) Information collected automatically as you navigate through the Site through cookies, web beacons, and other tracking technologies; and,
(iv) Data from third parties, for example, our technology providers and other service providers.
The information we collect can be broadly categorized into three as follows:
(i) Information you choose to give us.
(ii) Information we get when you use our Services.
(iii) Information we receive from third parties.
a) Information you choose to give us
You choose to give us certain information when using our Services. In order to open an account and use our Services you will disclose to us:
(a) Your name;
(b) Your home address;
(c) Your email address;
(d) Your date of birth;
(e) A valid, unexpired copy of your passport or other verified government ID;
(f) Your banking credentials (depending on the payout method you select).
We may also ask you to provide us with some additional information that will be publicly visible on our Services, such as profile pictures, a profile name or other useful identifying information.
b) Information collected when you use our Services
When you use our Services, we collect information about the content you have viewed or shared.
(i) Usage Information: We collect information about content that a User accessed while using our Services. We may then highlight to that User similar content.
(ii) Content information. We collect content that you create through our Services, such as custom stickers, photos, videos, text and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
(iii) Device information. We collect device data such as information about your computer, phone, tablet or other device you use to access our Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model, Internet Service Provider and/or mobile carrier, and operating system configuration information.
(iv) Location Data. We collect information data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your location settings on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services that may be location-specific.
(v) Log information. We also collect log information when you use our Website. That information includes details about how you have used our Services, device information, such as your web browser type and language, access times, pages viewed, IP address and identifiers associated with cookies or other technologies that may uniquely identify your device or browser.
(vi) Other information with your consent. If you permit us, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you are using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you are not using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming through our Services).
(vii) Information we receive from third parties. In addition to the information you provide to us directly, we may receive information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.
4. HOW DO WE USE YOUR INFORMATION?
We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in line with our legitimate business interests and in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
(a) To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. This will include verifying your identity in order to prevent fraud or other unauthorized or illegal activity.
(b) Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
(c) To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each User's consent.
(d) To manage User accounts. We may use your information for the purposes of managing your account and keeping it in working order.
(e) To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
(f) To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
(g) To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
(h) To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
(i) To deliver and facilitate delivery of services to the User. We may use your information to provide you with any requested services.
(j) To respond to User inquiries/offer support to Users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
(k) For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end-users and does not include personal information. We will not use identifiable personal information without your consent.
5. WITH WHOM DO WE SHARE YOUR INFORMATION?
We only share information with your consent, to comply with applicable laws, to provide you with services, to protect your rights, or to fulfill business obligations. More specifically, we may need to process your data or share your personal information in the following situations:
a) With other Users. When you share personal information (for example, by posting comments, contributions or other content to the Website) or otherwise interact with public areas of the Website, such personal information may be viewed by all Users and may be publicly made available outside the Website in perpetuity. Similarly, other Users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile.
b) Service Providers, Third Parties and/or Other Parties. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. Our contracts with such third parties require that they will not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
c) Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with any valid legal process, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena, to comply with an applicable law, rule or regulation, investigation, remedy, or enforce potential Terms of Service violations; protect our, our users' or others' rights, property and safety; detect and resolve any fraud or security concerns.
d) Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
e) Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
f) Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
g) Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide tailored advertisements about services of interest to you.
h) Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
i) With your Consent. We may disclose your personal information for any other purpose with your consent.
6. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your state or country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us through the communication channels provided at the end of this Policy. We will accordingly attend to your request.
7. USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use cookies and similar tracking technologies (like web beacons and pixels) to automatically collect certain information or store information. The technologies we use for this automatic data collection may include:
Browser Cookies. A cookie is a small file placed on the hard drive of your browser. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your browser and tell us how and when you visit the Site and use the Services. You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, the Site's system will issue cookies when you direct your browser to the Site.
Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same settings as are used for browser cookies. For information about managing your privacy and security settings for flash cookies, you can access your flash management tools on the Adobe website.
Web Beacons. Pages of the Site and/or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages (or opened an email) and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
We may tie the above information to personal information about you that we collect from other sources or that you provide to the Site.
8. DO NOT TRACK POLICY
Do Not Track ("DNT") is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt out. However, we do not recognize or respond to any DNT signals as the internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
9 LINKS TO THIRD-PARTY WEBSITES
The Website may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. These sites are owned and operated independently of Peachly and have their own separate privacy and data collection practices. Any information you provide to these websites will be governed under the terms of their privacy policy, if any. Peachly has no responsibility or liability whatsoever for the independent actions or policies of these independent sites and is not responsible for the content or privacy practices of such websites.
We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this Policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Website. You should review the policies of such third parties and contact them directly to respond to your questions.
10. INTERNATIONAL USERS
This Policy is intended to cover collection of information on or through our Site within our home jurisdiction. Some countries may require stricter privacy policies than those described in this document. If you are visiting our Site from such a country, please be aware that your information may be transferred to, stored, and processed in the country where our servers are located and our central databases are operated. The data protection and other laws of our home jurisdiction might not be as comprehensive as those in your country or vice versa. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy. When you provide personal information to us through the Services, you consent to the processing of your data in, and the transfer of your data to, our home jurisdiction or any other country in which we or our affiliates, subsidiaries, or service providers host these Services.
11. HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us to keep your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
12. HOW DO WE KEEP YOUR INFORMATION SAFE?
We do our best to keep your personal information safe. We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment and you shall be personally liable for any data breaches caused as a result of your own negligence or failure to adhere to the recommended safety protocols.
13. WHAT DATA BREACH PROCEDURES DO WE HAVE IN PLACE?
If we detect or are advised of any data breach, mistakenly or through cyber-criminal activity, we will endeavor to promptly identify how the breach occurred, and furthermore to inform those affected in the first instance of any such breach, and then to remedy the breach where possible. We focus on cyber security as a priority and monitor any suspicious activity closely as part of best practice.
14. WHAT ARE YOUR PRIVACY RIGHTS?
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before such withdrawal, nor will it affect the processing of your personal information conducted in accordance with lawful processing grounds other than through the consent.
15. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
This section applies to Californian residents and supplements the information contained in this Policy. We adopt this notice to comply with the California Consumer Privacy Act (CCPA) and the California Civil Code Section 1798.83.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with whom we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request the removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
The California Consumer Privacy Act of 2018 (CCPA) gives consumers more control over the personal information that businesses collect about them. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
The right to know about the personal information that we collect about you and how it is used and shared;
The right to delete personal information collected from the User (with some exceptions);
The right to opt out of the sale of a User’s personal information; and
The right to non-discrimination for exercising a User’s CCPA rights.
You may exercise your California privacy rights by submitting a request form or emailing contact information provided below quoting ‘California Privacy Rights’ in the subject header.
We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
To learn about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws.
16. YOUR NEVADA PRIVACY RIGHTS
Nevada Revised Statute Chapter 603A provides Nevada residents who provide personal information to websites that meet certain thresholds with certain opt-out rights. However, we currently do not sell data triggering the opt-out right requirements in Nevada.
17. NO THIRD-PARTY RIGHTS
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.
18. CHANGES TO THIS POLICY
We may update this Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is published. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.
19. CONTACT US
If you have any questions or comments about this Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or our privacy practices in general, please do not hesitate to contact us through:
Email: [email protected]
Billing Support: 1.888.596.9279
Mailing Address:
Peachly, LLC
4730 South Fort Apache Road
#300 Las Vegas, NV 89147.