Mobile Application Privacy Policy

At Field59, Inc. (“Field59”), we recognize the importance of privacy to users of our Mobile Applications. This Privacy Policy explains what type of information is collected from you when you use, download or install the Mobile Application and how that information may be used. Please note that this Privacy Policy pertains only to the Mobile Application, and is separate and distinct from the privacy policies, end user license agreements, terms or service, or terms of use governing: (a) the web sites, applications and services of Field59’s clients; (b) the web sites, applications and services that may link to or from the Mobile Application; and (c) other Field59 services. “Mobile Application” means the executable code version of the software provided by Field59, including associated documentation and services, designed to run on some mobile devices.

Gathering of Information

Field59 collects personally-identifying information (such as your name, e-mail address, address, telephone number, and credit card information) from the Mobile Application for a variety of purposes.

Field59 may ask you to provide certain personal information when you register for certain features or services included in the Mobile Application. In some cases, Field59 records the telephone number of your mobile device when you use, download or install the Mobile Application. Field59 also may ask you to provide personal information in other limited circumstances specified at the time the information is gathered. Any information that you submit on or through the Mobile Application may become public.

Like all other Web servers, Field59’s Web server may automatically create log files for each user who accesses the Mobile Application. These “access logs” allow Field59 to make the Mobile Application more useful to our users. The access logs may record the identifier provided for your mobile device by your wireless carrier (“carrier identifier”). Otherwise, the access logs do NOT record a user’s name, address, e-mail address, credit card numbers, or any other personally-identifying information. Rather, they contain some or all of the following information:

  • The Internet Protocol Address (IP Address) of the device which downloaded, installed or used the Mobile Application.
  • The date of use.
  • The time of use.
  • The path taken through the Mobile Application.
  • The operating system being used.
  • A list of files downloaded or viewed.
  • The amount of time spent listening to/viewing media files.
  • Any errors encountered.
  • The device’s geographic location.

Cookies and Other Technologies

Field59 also uses ‘cookies’ to collect information. A cookie is a string of characters that can be written to a file on the user’s device when the user downloads, installs or uses the Mobile Application.

Field59 uses cookies to track users’ activity through the Mobile Application in order to improve the application architecture, to offer the features that would not be possible without them, to offer third party content, and to recall specific information to save the user time during subsequent use of the Mobile Application. For example, cookies allow Field59 to remember your device’s location. Interactive features may also use cookies. Our sponsorship service vendors, which serve sponsorship messages onto the Mobile Application, and third party vendors that measure and analyze the use of the Mobile Application for Field59, may also use their own cookies.

Field59 and the third party vendors that measure and analyze use of the Mobile Application for Field59 also may use web beacons, alone or in conjunction with cookies, to help compile information about and facilitate usage of the Mobile Application. A web beacon is an electronic image, also known as a single-pixel (1×1) or clear .gif., which can be used to recognize certain information on your device, such as cookies, the time and date of your actions within the Mobile Application, and a description of where content is placed. We may use web beacons on this Mobile Application from time to time for this and other purposes.

Use of Information

Field59 may use personally-identifying information to:

  • manage or administer the Mobile Application;
  • optimize or customize the delivery of advertising or content to you and other users of the Mobile Application;
  • respond to user messages;
  • list device location (city, state and/or country) information;
  • contact users for an online survey;
  • send e-mail newsletters and other communications, including marketing and promotional communications, from Field59, Field59 sponsors, Field59 suppliers, Field59 licensors, and Field59 clients to users;
  • other internal Field59 or Field59 client purposes; and/or
  • for other purposes specified at the time the information is gathered.

Any information that you disclose when using the Mobile Application, such as your full name and any nickname, is likely to become public. This information may be posted by Field59 or shared by Field59 with its suppliers, licensors and clients. In addition, Field59, its clients, its licensors, its suppliers and their respective licensees, may use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt any information or materials you submit when using the Mobile Application, and any information contained therein, in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Field59 client web sites and services, other third party web sites and services, over the air (on radio or television), and on mobile platforms. Further, other users of the Mobile Application may embed a widget or feed that allows the information you submit when using the Mobile Application to appear on their personal, noncommercial web site, blog or other application.

In addition, if you disclose information when using the Mobile Application, Field59 and its clients may print such information, or an excerpt of such information, on Field59’s web sites, Field59’s client web sites, read them on air, or otherwise publish them in any other medium, together with your name and location (city, state and/or country) if you provide that information to us.

Excluding information provided by the user, which may become public as discussed above, personally-identifying information collected by Field59 may be given to the following third parties:

  • Field59’s clients, suppliers, licensors, advertising partners, and service vendors; and
  • other third parties when you specifically consent to such distribution (such as the disclosure of your name to a friend when you email, send via SMS or text message, or otherwise share a story to that friend).

In these circumstances, the information is provided to a third party for the purposes of

  • delivering the Mobile Application and any associated service, advertising, or content to you
  • delivering communications from Field59 or Field59 clients, suppliers, licensors, advertising partners or service vendors;
  • providing services for and on behalf of Field59; or
  • serving other Field59 purposes.

Field59 also may disclose personal information if required to do so by law or if it believes that such action is necessary to: (a) comply with the law or with legal process, (b) protect against misuse or unauthorized use of the Mobile Application, or (c) protect the personal safety or property of users of the Mobile Application, the public or Field59 and its employees.

If you do not want your personally-identifying information to be collected or used for any of these purposes, please do not provide it and do not download, install or use the Mobile Application.

Security

Field59 has in place what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no Internet, e-mail or mobile transmission is ever fully secure or error free and Field59 cannot guarantee that any information will be or remain safe or secure. Because most e-mail and mobile transmissions are not encrypted, you should take special care in deciding what information you send to us via e-mail, SMS or text message, or other mobile transmission.

Children

If you are under 13 years of age, please do not download, install or use the Mobile Application. The Mobile Application is not intended for children under 13, and Field59 will not knowingly collect any information from any children under the age of 13. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will promptly remove that information from our database.

Acceptance of Privacy Policy Terms

Field59 reserves the right to change this policy. Any changes to this policy will be posted to this page as soon as reasonably possible, so please check this page periodically. Use of the Mobile Application constitutes consent to any policy then in effect. Please make sure that you read the Mobile Application End User License Agreement to understand additional terms and conditions which apply to the use of the Mobile Application.

Links to other Sites and Services

It is important to note that the Mobile Application may contain links to other sites, applications and services maintained by third parties that may not follow the same privacy policies as the Mobile Application. For instance, clicking or tapping on a sponsorship notice or some third party logos on the Mobile Application will take you to an entirely different site, application or service. These sites, applications and services may use cookies, collect data, and use the data in ways that the Mobile Application would not. Field59 is not responsible for the privacy practices or any information or materials on these other sites. Please visit these sites or applications if you wish to review their privacy policies.

In some cases, the Mobile Application may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

The Mobile Application may include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to Field59, and that your use of the third party services is subject to the terms and policies of those services.

International User Notice

For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union: the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this policy. By downloading, installing or using the Mobile Application, you agree to have your information used and transferred to the United States as set forth in this policy. If you download, install or use the Mobile Application from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of the Mobile Application, which is governed by U.S. law, this Privacy Policy and the Mobile Application End User License Agreement, you are transferring your personal information to the United States and you consent to that transfer.

In the Event of Merger, Sale, or Bankruptcy

In the event that Field59 or its Mobile Application business is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Questions

If you have any questions or comments concerning our Privacy Policy, please contact us at legal@field59.com.

Last Updated: 1/26/15

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