The key functionality of Flogg is to provide a social marketplace where users can (i) advertise products for sale as a selling user (each a “Selling User”) and make offers to buy products from other users as a buying user (each a “Buying User”), (ii) share your user information with other users, including without limitation, your profile picture, Listing Information and other images, photos, messages, data and personal information, (iii) interact with other users, including without limitation, giving other users the ability to see your Facebook mutual friends, searching other users by name, direct messaging other users, and (iv) share product offers in other platforms or social networks other than Flogg (collectively, the “Service”).
What Flogg Collects and Shares About You
By visiting and interacting with Flogg, its App and/or its Service, you provide us with three types of information: Personally Identifiable Information (i.e., information that you purposely disclose or that you authorize to be disclosed on your behalf); User Contributed Content; and Automatic Information (e.g. your IP address and browser type). Personally Identifiable Information, User Contributed Content, and Automatic Information are collectively referred to herein as “Personal Information.” You are hereby informed that all the Personal Information you provide us through the App or the Service will be processed in a database owned by Flogg. The service is provided by Heroku and Amazon and other hosting services. You warrant that the information you provide to us is accurate and current and corresponds to your identity and you have the right to post it. All the requested data in the forms on the App that do not appear as optional are mandatory for the purpose of managing effectively the relationship with Flogg. Personal Information may include, but is not limited to, the following
Personally Identifiable Information: “Personally Identifiable Information” may include, without limitation, information provided when you register to use the App and/or the Service, including your name, date of birth, phone number, address, email address, gender, age, birthday, Twitter, Facebook, and/or other social network usernames and 'likes' and preferences, friend lists and number of friends you have via social networks, messages to other users of the App and the Service, use information regarding your use of the Service, profile picture, listing information that you upload via the App or the Service (including without limitation, photos of items, titles, descriptions and price) (collectively, “Listing Information”), and browser information. The Personally Identifiable Information you provide is used for such purposes as: allowing you to set up a user account and profile that can be used to interact with other users and your followers through the Service; providing, maintaining, and improving our Service and the content thereof; to better understand how you interact with Flogg providing personalized features of the Service; communicating with you about new features; providing metrics and feedback to potential and existing customers; satisfying customer and user needs; monitoring your use and aggregate users’ use of Flogg; administering your inquiries; and enforcing our (or our partners’ or users’) rights. We also use your Personal Information to deliver custom content and advertising that may be of interest to you. If you connect via Flogg to a third party website (e.g., using Facebook connect), Flogg will receive and might store any information that is made available by such third party website. If you contact us by email, we may keep a record of your contact information and correspondence and will use your email and correspondence if we respond to you.
User Contributed Content: Using the Service includes creating or uploading different kinds of Listing Information and other content to the App, including without limitation, photos, text, messages, posts, URLs, pictures, and other content (collectively, “User Contributed Content”). As you upload User Contributed Content you should be mindful of your privacy as well as the privacy of others. The User Contributed Content that you upload will be collected and retained.
Automatic Information: We may receive and store certain types of information whenever you interact with us. Flogg may automatically receive and record information on our server logs from your browser including your IP address, Flogg cookie information, and the information you request. Flogg may use this traffic data to help diagnose problems with its server, analyze trends and administer the App and the Service. We may also automatically collect usage information, such as the numbers and frequency of users of our App and Service and their components. Flogg may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data may enable us to figure out how often customers use parts of the App and the Service, so we can make the App and the Service appealing to as many users as possible. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use the App and the Service.
Use of Personal Information by Third Parties and the Public
Third Parties: You expressly agree that all of your User Contributed Content, including without limitation Listing Information, as well as your Personal Information, images and any other data or information contained in your account associated with the implementation of Flogg, may be published and made available to the rest of Flogg’s users. Furthermore, other users may follow you on the App, and your followers can see, for example, the User Contributed Content that you have uploaded to the App. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in your User Contributed Content or other content that you create in the Service.
Publicly Available Information: Please note that certain information, including without limitation, your public user profile information (including username, public photo, etc.), Listing Information, public photos, and lists of followers, will be available to the Internet's general public while you participate in some aspects of the Service, such as publishing products for sale, so you should exercise discretion when using the Service. Personal information disclosed by you may be collected by other third parties or users of such Services and may result in unsolicited messages or may be shared with or disclosed to other third parties. We are not responsible for protecting such information that you may disclose to third parties through our Service (for example, sending your personal telephone number to another user through the Service). To the extent that you use a profile that may be available to others on our Service, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Service.
Use of Related Personal Information in Connection with Third Parties and Our Partners
To protect your privacy, we limit the sharing of Personally Identifiable Information with third parties. We conduct our business with great respect for the confidential nature of the information being provided. We will not share information about you except as outlined below.
We do not sell, license, lease or otherwise disclose non-public information about you with such third parties that is likely to uniquely identify or locate any individual or entity to any unaffiliated third party for any reason, except as noted below:
We may share or disclose user information with such user’s consent, such as when a Selling User sells any products to a Buying User or when a user utilizes a third party web client to access its Flogg account.
Where such disclosure is required or appropriate pursuant to laws or securities regulations, including cooperating with government agencies, other regulatory bodies and law enforcement officials, performing background checks, resolving disputes or performing risk-management functions.
To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, client services or other data collection relevant to our business. We may also provide a party with client information from our databases to help us analyze and identify client needs or to notify clients of particular services offerings. Use of the information shared is strictly limited to the performance of the task we request and used for no other purpose.
As mentioned above, we may share aggregate information about our users with our partners, such as the number of users who used a particular service, which would include as a part thereof your personal information. We do not have any control over, and are not responsible for, our partner’s use of this information.
We may share information with non-financial companies that perform services for us, such as companies that perform credit card processing services on our behalf in order to process the fees that are paid for products by Buying Users.
We may share information with affiliates if the information is required to provide the services you requested. An affiliate is a company that we own or control, or with which there is common ownership with us.
We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.
While your Personally Identifiable Information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
In addition, as our business changes, we may buy or sell various assets. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Communicating with Our Partners, if Any
Transference of Services
If Flogg or its assets are acquired, member information would be one of the assets that is transferred or acquired by a third party.
Flogg does not direct the App or its Service at children under 13 years of age, and the App and the Service are not intended to be viewed or used by them. Pursuant to the requirements of the Children’s Online Privacy Protection Act (“COPPA”) in the United States, Flogg will not knowingly collect personally identifiable information from children under the age of 13 without first obtaining parental consent, and to the extent such information is inadvertently collected, Flogg will make every commercially reasonable effort to obtain permission from the child’s parent and/or permanently delete the information once it has actual knowledge of such collection. Children should always get permission from their parents before providing any information about themselves (including without limitation first and last names, home addresses, e-mail addresses, telephone numbers and dates of birth) to others, whether via the Internet or any other means.
Government Requests for Information
We may notify affected users of any emergency government or law enforcement requests for their account information, however, we are not required to do so and may, in fact, be precluded from doing so by applicable law. Furthermore, we may disclose account information to a government agency or to law enforcement in response to a valid emergency disclosure request. In connection with any such request, we will require that any such law enforcement or government agency comply with basic principles of free expression, clearly state the legal reason for ascertaining the requested information, and respect the security and infrastructure of the App and the Service by not building any security kinks into our backend. Flogg will evaluate all emergency disclosure requests on a case-by-case basis in compliance with relevant law. Furthermore, if Flogg receives information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information necessary to prevent that harm, if we have it. We may not comply with requests for a variety of reasons, including, but not limited to, a request that fails to identify a Flogg account or a request that is overly broad, in which case we may seek to narrow that request. Flogg will comply with all applicable laws regarding any government or emergency request for information.