PRETZEL PRIVACY POLICY

SUMMARY | RESUMEN | SYNTHÈSE | ZUSAMMENFASSUNG

Welcome to Pretzel®, the app for people who want to talk and travel like a local and help others do the same. We hope you enjoy using our mobile application called "Pretzel" (the "App") and the related website (located at www.pretzelapp.com), collectively referred to as the "Service".

Throughout this document, we may refer to ourselves as "Pretzel", "we", or "our". This specifically refers to Pretzel, Inc., the company that runs Pretzel, which is located at 109 E. 19th St, #3B, New York, NY 10003.

We may refer to you as "you", "your", or other forms of the word "you".

We recognize the importance of your personal privacy. Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us (“Personal Data”). The Privacy Policy below discloses our practices regarding information collection and usage for the Service.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The information we collect and why we collect and store it;
  • How we use that information;
  • How we share information; and
  • The choices we offer.

Personal Data That We Collect:

Our services require you to provide us with Personal Data. If you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to parts of the Service and for us to respond to your query. We, as Controllers, use the information we collect to operate and maintain our Service; analyze and improve the user experience; track errors and bugs that occur during your use of the Service in order to improve the Service’s performance and provide accurate, personalized assistance; respond to your questions and concerns; and send you marketing communications.

We may ask you for, or you may voluntarily submit, Personal Data when you are using the Service. The Personal Data which you may provide to us could include, but is not limited to:

  • Your name;
  • Your contact information (including, without limitation, address and email address);
  • Your IP address;
  • Your location;
  • Languages spoken;
  • Your gender;
  • Your profession;
  • Information stored on or shared in the following social media accounts: Facebook, LinkedIn, and Google Plus); and
  • Other personal information.

Login Through Third Party Services:

If you login to the Service through the third party services listed above (Facebook, LinkedIn, or Google Plus) (collectively, the "Social Media Services"), you agree to let Pretzel collect and store certain information collected from your profile associated with the relevant Social Media Service.

Location Information:

By using the Service, you are allowing us to collect and store precise information about your location. We may also collect your approximate location from your IP address. By connecting with another user through the Service, you are allowing us to share your country, state, city, and/or county with that user (we will not, however, share more precise location information without obtaining your prior consent).

Non-Personal Or Aggregate Information That We Collect:

When you access our Service, we may automatically collect non-Personal Data information from you (such as, for example, IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data). We may also aggregate demographic information collected you and other users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-Personal Data from third party sources and develop aggregate information by anonymizing previously collected Personal Data.

It is possible at times when collecting non-Personal Data through automatic means that we may unintentionally collect or receive Personal Data that is mixed in with the non-Personal Data. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at [email protected] or 109 E. 19th St, #3B, New York, NY 10003.

Information Usage:

We will only use your Personal Data as described below, unless you have specifically consented to another type of use, either at the time the Personal Data is collected from you or through some other form of consent from you or notification to you:

  • We may share your Personal Data collected in connection with providing the Service.
  • We may use your Personal Data to respond to your inquires or requests.
  • We may use your Personal Data to send you emails from time to time about our services (but rest assured that we will not provide your Personal Data to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent).
  • We may use your Personal Data to send you push notifications based on your usage of the App.
  • We may disclose Personal Data as required by law or legal process.
  • We may disclose Personal Data to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
  • We may transfer your Personal Data in connection with the sale or merger or change of control of Pretzel or the division responsible for the services with which your Personal Data is associated.
  • We may share your Personal Data with an affiliate of Pretzel who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

Non- Personal Data or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

"Cookies" are pieces of information that may be placed on your computer, mobile phone, tablet or other electronic device (collectively, the "Devices") by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our website to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your Device from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your Device when you use our Service. You may stop or restrict the placement of cookies on your Device, in which case you may still use our website but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve Personal Data from your Device without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics and Conversion Tracking:

We may use analytics services that use cookies, javascript and similar technologies (also known as device/user identifiers) to help us analyze how users use the Service (hereinafter collectively, “Cookies”). The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your device, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual by name, but only by anonymous user ID.

Specifically, we use Cookies on our site for Google Analytics, Mixpanel, Firebase Crashlytics, Facebook, and Sentry (collectively, the "Analytics Services"). The Analytics Services are web-based analytics tools that help website and/or mobile application owners understand how visitors engage with their website and/or mobile application.

Cookies contain information that is transferred to your device. These Cookies are used to store information, such as the time that the current visit occurred, whether the visitor has used the Service before and what site referred the visitor to the Service.

The Analytics Services for our Service collect information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Services without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

For more information on opting out of being tracked by Mixpanel, visit https://mixpanel.com/optout.

We may also use Google and/or Facebook conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Automatically Collected Information:

When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using Cookies and other types of tracking technologies. This "automatically collected" information may include Internet Protocol address ("IP Address"); a unique user ID; device type; device identifiers; browser types and language; referring and exit pages; platform type; version of software installed; system type; the content and pages that you access on the Service; the number of clicks; the amount of time spent on each section; the dates and times that you visit the Service; any problems with the Service encountered by your device, including without limitation bugs, freezes, or crashes; your location; and other similar information. Depending on the law of your country of residence, your IP address may legally be considered Personal Data.

Security:

The security of your Personal Data is very important to us. When we collect your Personal Data online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your Personal Data will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Data. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Pretzel shall investigate and report data breaches within 72 hours of becoming aware of such breach. When a breach of Personal Data is likely to result in a high risk to the rights and freedoms of individuals then Pretzel, as Controller, will notify the affected individuals without undue delay.

Your Disclosures In Blogs And Other Social Media:

You should be aware that Personal Data which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your Personal Data, and by using the Service or any other online services you assume the risk that the Personal Data provided by you may be viewed and used by third parties for any number of purposes.

If you connect to a third party service such as Facebook, LinkedIn, or Google Plus, through an icon or link on the Service or otherwise link your Pretzel account with a third party service, we may share the contents of your post and associated information (such as your user name, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party. With your one-time consent, we may also send information about the content you watch and your activities on the Service to such third parties. Once such information is shared, the use of your information will be subject to that service's privacy policy and this Privacy Policy will not apply.

Protection for Children:

We generally do not collect Personal Data from children under the age of 13. If at any time in the future we plan to collect Personal Data from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act ("COPPA") and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that Personal Data from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use Personal Data in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

Opt-Out Process:

All unsubscribe or opt-out requests may be made by changing your App settings or by clicking the "unsubscribe" link at the bottom of the relevant email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your Personal Data from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent. You should contact such third parties directly. If you would like to update or correct any Personal Data that you have provided to us, please contact us at [email protected] or 109 E. 19th St, #3B, New York, NY 10003 and once we confirm your information, we will update such information within a reasonable amount of time.

Information Correction and Deletion:

If you believe the data Pretzel has collected on you is incorrect, you are encouraged to contact us to update it. Any data that is no longer needed for the purposes specified in this Policy will be deleted. You may request to have your data updated or deleted at any point by emailing us at [email protected].

Communications with Pretzel:

By providing your contact information to us (including, without limitation, your email address, physical address, and phone number) (collectively the "Channels") to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By using the Service, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the App).

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Pretzel.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

User Access to Information:

You have the right to request access to the data or information we have stored on you. You can do this by contacting us at [email protected] We will make sure to provide you with a copy of the saved data particular to you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending an electronic copy.

Storage and Processing:

If you are using our Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. Pretzel may transfer information that we collect about you, including personal information, to affiliate entities, or to other third parties 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 United States law, please note that we will not transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

For EU Customers:

Pretzel complies with the EU Data Protection Directive 95/46/EC framework as set forth by the European Union regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Pretzel has certified that it adheres to the requirements of notice, choice, onward transfer, security, data integrity, access and enforcement.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms of Use:

Use of this Service is governed by, and subject to, the Terms of Use located at [https://www.pretzelapp.com/en/terms_and_conditions.html] (the "Terms"). This Privacy Policy is incorporated into the Terms. Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

Servers:

Our servers are maintained in the United States. By using the Service, you freely and specifically give us your consent to export your Personal Data to the United States and to store and use it in the United States as specified in this Privacy Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in New York County, New York, in all disputes arising out of or relating to the Services.

Contact:

We encourage you to contact us with any questions or concerns relating to privacy by emailing us at [email protected].

Effective Date:

This Privacy Policy was last updated on May 14, 2018.