We reserve the right to change, alter or modify this Policy at any time and for any reason that we deem necessary or appropriate. Any changes made will take effect immediately, unless we state otherwise. Your continued use of the Services following any revision we post will constitute your acceptance of the changes we have made.
We may make changes to this Policy from time to time and any changes to this Policy will be incorporated into this document. We will notify you of any changes by posting a “Revision Date” that we will display above at the top of this Policy. In some cases, we may attempt to notify members and users of our Services about changes to this Policy via ‘Alerts’ and/or ‘Messaging’ on the App, and/or by posting notifications on the homepage of our website, and/or via email. However, we encourage you to review this Policy whenever you access our Services to see if a “Revision Date” has been posted so that you can remain informed about any possible changes and/or updates that may have occurred.
By using the Services, you accept the terms and conditions of this Policy and our Agreement. You agree that we may collect, use and disclose information we generate and/or obtain from you in the manner outlined and described in this Policy.
Some of the Services we offer may include, but are not limited to, software or programs that you can download to some and/or all of your various electronic devices such as; computer; laptop; phone; tablet, television, entertainment device, communication device, internet device or other similar type devices (“Devices”). By using our Services and in accordance with this Policy, you agree that we may upgrade our software and/or programs to new, enhanced and/or modified versions at any time and automatically download them to your Devices.
This Policy applies solely to our Services only, not to other websites, apps, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us or your interaction with them and therefore, we will not be held accountable or responsible when you interact with these other sources. This Policy will apply from the time of your first access and/or use of our Services. By accessing and/or using our Services, you affirm that you have read, understood, accept and agree to the terms and conditions of this Policy and our Agreement.
1. INFORMATION WE COLLECT:
When you become a user of our Services, the various information and personal identifiable information that we collect or that you provide varies with your use of our Services. We collect various types of information and we do it in several different ways. With respect to such users, among other things, we record traffic data that may include, without limitation, IP addresses, date and time of visit, time spent on our Services, specific pages viewed, time spent on each page and search queries. This data is helpful for marketing purposes and to help improve our Services for your enjoyment.
When you create an Account and use our Services, you will provide us with personally identifiable information and you consent to our collection and storage of that personal information on our database(s) and server(s). The type of personal information that we ask you to supply may depend on what aspect, and to what degree of our Services that you may be utilizing.
Personal information that you provide to us that we may collect, store and utilize may include but is not limited to the following: (1) Identification Data such as your name, user name and password; (2) Contact Data such as your name, street and/or mailing address(es), email address(es), telephone number(s); (3) Payment Data such as your credit card, debit card or bank account information; and (4) Usage Data such as how you reach our Services, your destination when you leave our Services, when and how you use our Services, your browsing, selling and/or purchasing and/or transaction history on our Services, time spent on our Services, search queries and keywords, search results and any information that you supply through the Services or that you otherwise communicate to us.
1a. Information you give to us:
You will be able to create an Account and profile page on the App and/or our Services in which you can communicate with us and/or others that may allow you to post various content, such as but not limited to: information, personal identifiable information, comments, scores, ‘Likes’, responses, messages, listings, ads, search queries and search results, pictures, videos and captions. When you create your Account and profile page, you may be providing us with such information as your name, user name, email address, phone number, city, state, password and profile picture. There may be situations in which you may also provide us with your credit card number, debit card number, banking information, billing address, date of birth and/or other security information. We will also receive information from you when you communicate and/or contact us such as may take place through email, messaging, phone, text, regular mail, etc.
1b. Information you grant us permission to obtain:
Phone contact list and photos: Because our App was created for fun by allowing you to share and play pictures with your friends, we will ask you for permission to access your phone’s contact list and photo gallery. By giving us permission to access this information, you will have a much more enhanced experience in using our App and/or our Services. By providing us this information, you will now be able to easily contact, add and invite your friends on your contact list to have fun with you on the App. And by giving us permission to your photo gallery, you will now be able to use our App to send existing pictures you have to your friends for them to play.
Location data: We may ask for your permission to obtain your device location. If you provide us permission, we may utilize your location information for various functions and enhancements to our Services in order to make your experience with our Services more fun and rewarding.
Revoking your permissions: You can always revoke any of your permissions by using the settings or preferences function of your Device. You can also revoke any of your permissions by simply deactivating your Account and then deleting the App and/or our Services from your Device.
1c. Information we automatically receive when you use our Services:
Log file data: When you use our Services, your browser and/or Device automatically reports certain types of information and our servers record those broadcasts. The type of information reported to us is defined as when you access or visit a website or mobile app by exiting or coming out of our App or Services and/or linking to another source from our App or our Services. Other log file data we could record is your Internet Protocol (“IP”) address, browser type, referring and/or exit pages and website addresses, search requests, landing pages, date and time of your requests, length of time on our Services and time spent on each page and/or function, number of clicks to maneuver through pages and/or functions.
Cookies: When you use our Services, we may use various types of cookies and/or other similar tracking type technologies (“cookies”) on some and/or all of our Services. Cookies are small files that are passed on to your browser (or other Devices) and stored on your hard drive or memory. The cookies we use may ultimately provide you with a more convenient and faster user experience with our Services.
Our cookies allow us to track, collect and/or store data (and/or your user data) so we are able to recognize and determine: repeat visitors; pages a user visits; functions a user performed; the time a user spends utilizing our Services, and other general user data. This allows us to try and create better Services while providing an overall faster and more rewarding experience for each individual user.
The cookies can also remember such things as your user name and password, Account settings and any other settings and/or preferences you set with our Services. This allows you to navigate through our Services without extra download time each time you visit and can provide you with a more enjoyable experience.
This information about cookies covers only the use of our cookies and not cookies that other websites, apps or services may utilize. If you connect or link to any other web page, website, app or service from our Services in any manner (such as might occur if you click on a search result, link, search category, banner, advertisement, sponsored link, ad or otherwise) there may be cookies placed on your Device from that source that we do not control and that do not apply to us or your interaction with them and therefore, we will not be held accountable or responsible when you interact with any other source.
1d. Information from advertisers, affiliates, marketing agents and partners:
There may be advertisers and/or websites and/or apps that post ads and/or links and or articles about and/or to our Services and/or on our Services. Some websites and/or apps may utilize a connection to one of our features and/or functions (either linking and/or receiving), such as but not limited to, our picture games or user profile pages. In such cases, we may collect Info that is provided by those advertisers and/or websites and/or apps.
2. HOW WE USE THE COLLECTED INFORMATION:
When you create an Account and/or use our Services, your Info is collected, stored and utilized. The main purpose of collecting your Info is so that we can provide you with a dynamic and customized user experience on our Services while also trying to enhance and create new features for your enjoyment on our Services. When you create an Account and/or use our Services, you agree that we may use your Info to:
- Remember your log in information for easier access to our Services.
- Communicate with you regarding our Services through our website, App, messaging system, email, phone, text or mail.
- Send you updates, ‘Alerts’ and/or ‘Push Notifications’.
- Customize and/or streamline your experience with our Services.
- Automatically upload our Services updates to your Devices.
- Process transactions of various forms.
- Provide advertising on our Services customized for you.
- Monitor and analyze how you use our Services.
- Refine and improve our Services.
- Diagnose and/or fix issues with our Services.
- Verify your user identity and your connection with other users.
- Attempt to prevent fraud, harassment, bullying or other illegal activities.
- Perform any other function or purpose for which the Info was collected for.
We may also provide advertising for goods or services unrelated to our Services by either us or a third party advertiser or an affiliate through our website, App, messaging system, email, phone, text or mail (you can ‘opt out’ from receiving these advertisements at any time by contacting us or using the ‘opt out’ feature on any advertisement communication you may receive from us). You can contact us directly using the ‘Contact Us’ link under the ‘Help / Info’ section of the App or on our website or you can email us directly at: [email protected] (please be sure to indicate in the ‘Subject’ line that you wish to ‘opt out’ of receiving marketing materials and advertisements and be sure to include your Account name and the email address you use on your Account).
3. SHARING YOUR INFORMATION:
We do not share your Info with other users, other than that Info of which is needed to be shared for engagement and interaction between users in the normal functionality and capacity of how the App was intended to be used for. Therefore, some of the Info collected by us and provided by you is used in the natural order and exchange between users in how our Services function. Since you will be interacting with others by sharing pictures and/or videos, then some of your Info will be shared with others through the use of our Services such as but not limited to: your name, date you created your Account, your pictures and profile picture, video, recordings (video and/or audio), captions, ‘Likes’, comments, responses, posts, scores, profile page info, point info and point bank totals, level rankings, number of friends. Likewise, users can use our search tool in an attempt to locate you by your name, email address and/or phone number in which case they may have access to that information. If you give us permission to your phone’s contact list, then we may share with people on your list the fact that you now have an Account and/or are using our App and/or our Services. If necessary, we may also need to share your Info with service providers who perform duties and/or services on our behalf to assist us in the operation of our Services.
You can also grant us permission to provide you with ‘Push Notifications’ which can alert you to such things as, but not limited to: new pics to play, new comments, friend requests and more. The push notifications will keep you instantly updated from your friends in real time and will attempt to enhance your overall fun and enjoyment in using our App and/or Services. Some of your Info, such as but not limited to: new pics, comments, friend requests, will therefore be shared with other users and friends via push notifications and/or other methods (such as but not limited to ‘Alerts’). You can always revoke your permission for push notifications to be sent to you by using the settings or preferences function of your Device. You can also revoke your push notification permissions by simply deactivating your Account and then deleting the App and/or our Services from your Device.
We may also share dissected and/or aggregated Info of yours that is not personally identifiable information about you and is of a nondescript nature. We may share this Info with service providers, advertisers, partners or others.
In the event that our Services (in whole or in part) are purchased by, merged with and/or acquired by a third party or separate entity, we retain the right to transfer all user content, Accounts and Info that we’ve obtained, collected and/or stored from the use of our Services to the third party. In the event of bankruptcy, insolvency, reorganization, receivership or the assignment of benefits to the restitution of creditors, we may no longer be in control of corporate assets and thus, any content, Accounts and/or Info on our Services may no longer be controlled by us.
4. DISCLOSURE OF YOUR INFORMATION:
We also may disclose your content and/or Info:
- In response to a court order, subpoena, or as otherwise required by law.
- To law enforcement or other governmental officials in response to requests relating to possible criminal, illegal or terrorist activity.
- If necessary to protect the rights, property and safety of others against any fraud, harassment, bullying, infringement or other wrongdoings.
- If necessary to those who assist us in the operation of our Services and our business.
- To third parties at your express written request.
- If necessary, to our subsidiaries, if any.
- To our successors and assigns in the event we merge with another entity or sell our assets or company (in whole or part) to another entity.
5. HOW WE STORE YOUR INFORMATION:
The Services that are provided by us are hosted from facilities located in the United States and all Info that we collect and that you provide is stored in our servers here in the United States. We may maintain and/or store and or utilize your content and/or Info for a length of time solely determined by us and at our discretion.
Upon you removing content and/or Info from your Account and/or upon you deactivating your Account or us suspending and/or terminating your Account, or you deleting our App and/or Services from your Devices, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Info you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Info you provided (or that we collected) at any time and obtained by us and/or that was shared/provided to other users through our Services. Please note that after your content and/or Info has been removed from your Account and/or your Account has been deactivated, suspended and/or terminated or you have deleted our App and/or Services from your Devices, your content and/or Info may still be available and viewed on our Services by others if it was posted, shared or copied by you and/or other users and thus, displayed, captured and/or stored in other users Accounts.
6. ACCOUNT AND PASSWORD PROTECTION:
When you open an Account, you will be required to provide personally identifiable information and you may allow us to access other personal and/or private information on your Devices – you will also be required to create a password. You agree that all information you provide to us when you create your Account and whenever you update your information will be truthful, current and correct.
You are solely responsible for maintaining the confidentiality and security of your password and Account information and for any and/or all activity that occurs under your Account. You should not give your password or log-in information to other people. In the event your password is lost or stolen, you should change your password immediately using the ‘Change My Password’ page found under the ‘My Account’ link on the App. If you have forgotten your password, use the ‘Forgot Password’ link when you attempt to log in to get a new password sent to the email address you have listed on your Account. We are not responsible or liable for any harm, loss or augmentation of data or any type of activity that may occur should your Account become breached or compromised. It is prohibited for you to market, offer, transfer, barter, sell or assign your Account to another party.So please do your part in helping us protect your Account and Info. Beware of scam artists who might masquerade as us in an attempt to get into your Account or to obtain your Info or personal information. Should we ever need to validate or obtain Info from you, we will contact you and direct you to provide the requested information through our App – or in some cases, we may direct you to our website or Services and instruct you to use our correct website address: www.hyperkey.com. Even if the request appears to come from us, do not provide any Info or Account information or personal information except through our App or through our correct website address. Please contact us promptly at [email protected] to report any suspicious communications and be sure to reference it in the ‘subject’ line. Be sure to also include your Account name and the email address you’re using on your Account.
7. VIEWING AND CHANGING YOUR ACCOUNT INFORMATION:
You can view and/or change and/or edit your Account information, password and profile picture at any time by simply logging in and then going to ‘Settings & More’ on the App and then tapping the ‘My Account’ link and then tapping either the ‘View / Edit My Account Info’ link or the ‘Change My Profile Picture’ link or the ‘Change My Password’ link. We may retain a record of the Account Info that you previously provided for a period of time determined solely by us.
8. DEACTIVATING YOUR ACCOUNT:
You can deactivate your Account at any time by going to the ‘My Account’ link on our App and then selecting the ‘Deactivate My Account’ option. When you deactivate your Account, you are essentially hiding and removing your profile on our Services and you will no longer be able to send or receive pictures with that Account and all your content and Info (such as pictures, videos, comments, ‘Likes’, connections, and all other material and data) will no longer be able to be accessed by other users. Please note that after deactivation of your Account, your content and/or Info may still be available and viewed on our Services by others if it was posted, shared or copied by you and/or other users and thus, displayed, captured and/or stored in other users Accounts.
Your Account will automatically be removed from other user’s ‘friends lists’ that you were on and your Account will no longer appear on the search results. Any posts, pictures, videos, comments and/or Info that was posted and sent by your Account while it was active and was captured by your friends or other users may still remain available on their Accounts through our Services. Upon you removing content and/or Info from your Account and/or upon you deactivating your Account and/or upon you deleting our App and/or Services from your Devices, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Info you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Info you provided (or that we collected) at any time and obtained by us and/or that was shared/provided to other users through our Services.
Once you deactivate your Account, you may have the opportunity to reactivate it for up to 90 days from the time you deactivated it by simply logging in – when you log back in, your Account may become reactivated and reinstated. After 90 days, your Account may be permanently deleted and you may not be able to reactivate it at that time and/or thereafter. Please note that although we will attempt to allow you to reactivate your Account for up to 90 days from the time you deactivate it, we cannot guarantee or warranty that you will be able to reactivate your Account at any time (including the 90 day period) once you have deactivated your Account. Likewise, we cannot guarantee or warranty that your Account will become permanently deleted after 90 days. It is possible that you may be able to still log in to your deactivated Account for an undetermined amount of time after the 90 day period in which you may still be able to reactivate it.
If you do reactivate your Account, it should be as it was at the time you deactivated it, however, we cannot guarantee, promise or assure you that your Account will be in the same condition as when you deactivated it and there may be, among other things, lost, modified or corrupted data, points level rankings or Info on your Account and it’s also possible that your entire Account and all its content and Info may be completely dissolved and/or deleted. When deactivating your Account, you do so at your own risk and you may not be able to retrieve and/or reactivate your Account. Upon suspension and/or termination and/or deactivation of your Account and/or upon your deletion of our App and/or Services on your Devices, all licenses and/or other rights and privileges provided to you through this Agreement for our Services will cease immediately and entirely.
We have taken reasonable measures to secure and protect your content and/or Info (along with the storage thereof) from unauthorized access, usage or disclosure. We operate secure data networks in order to attempt to protect your Info and only those we authorize to access the Info are allowed to do so. All banking and/or credit card and/or debit card information and/or transactions you perform with us will be done using encrypted programs through an authorized licensed processing agent. However, despite our efforts to protect your Info, we do not ensure the safety and security of any Info we collect, store or that you transmit or provide to us nor do we guarantee that a breach cannot occur and that we will be able to prevent the loss, theft, misappropriation, disclosure, misuse, abuse and/or alteration of your content and/or Info that may result in hardship and/or financial loss. By using our Services, you agree to hold us harmless and affirm we will not be liable in all such matters.
10. FRIENDING PEOPLE:
You and others can use our search tool and/or other methods to send and receive and/or accept or reject friend requests to other users. Please note that we do not check, validate and/or verify the backgrounds or identities of users of our Services and we will not be responsible for any dealings, communication, Info sharing or interaction between you and others (whether they are people you know or don’t know). Thus, you should act with caution with regard to friending others and/or sharing any of your Info with others.
11. MARKETING AND THIRD-PARTY AFFILIATES & ADVERTISERS:
We may post banners, advertisements and links on our Services that offer products and/or services offered by us, our affiliates, or third parties (in which the goods or services being offered may or may not be related and/or associated with our Services). Our computer system may match such offers with you based upon your Info that we have. If you click on a banner, advertisement or link, you may be communicating directly with our affiliate or third party and my no longer be on our Services, therefore, the data collection and use practices of that entity will control at that time. You affirm that you will be dealing with our affiliates and/or third party advertisers at your own risk and we will not be responsible for the actions, communications, transactions or dealings you may have with them.
With your consent, we may also provide additional advertising for goods or services related and/or unrelated to our Services which may be offered either by us or a third party advertiser or an affiliate through our messaging system, email, phone, text or direct mail. You may then choose to communicate directly with our affiliates or third parties if you have an interest in their offers. You affirm that we have no responsibility or liability regarding your dealings with these affiliates and third party advertisers. You can ‘opt out’ from receiving these advertisements at any time by contacting us via email and requesting to ‘opt out’ or by using the ‘opt out’ feature on any advertisement communication you may receive from us. You can contact us directly using the ‘Contact Us’ link under the ‘Help / Info’ section of the App or on our website or you can email us directly at: [email protected] (please be sure to indicate in the ‘Subject’ line that you wish to ‘opt out’ of receiving marketing materials and advertisements and be sure to include your Account name and the email address you use on your Account).
If you ‘opt out’ of receiving advertising and marketing communications from us, affiliates and third party advertisers, we still maintain and reserve the right to continue communication with you through various means, such as but not limited to; messaging, email, text, phone, direct mail and overnight delivery in order to keep you informed and updated on any and all issues and information pertaining to our Services.
12. SEARCH ENGINE AND SPONSORED LINKS:
We may employ and allow you to use our own custom search engine and/or a search engine powered by another company. In either case, we may post sponsored and/or advertiser links to your search results page based upon the keywords in your search and your Info. You affirm that we are not responsible for any other websites, apps, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us or your interaction with them and therefore, we will not be held accountable or responsible when you interact with these other sources.
13. PUBLIC FORUMS AND THIRD-PARTY DISCLOSURES:
Our Services may allow or invite you to use blogs, chat rooms, email programs, message boards, forums, news groups, instant live messaging, video or image transfer and/or similar communication channels. Please note that any information, pictures, videos, content and/or Info you share in such channels may become public information that is available for others to view, copy and/or extract. We will not be able to safeguard any information and/or content and/or Info that you disclose and/or provide openly or to third parties and/or to users and/or to your friends on our Services and we will not be responsible or held liable so please act with caution.
14. CONTACTING US ABOUT A DECEASED OR INCAPACITATED USER:
Should a user become incapacitate or deceased and legal rights to the assets and/or holdings of that user are legally transferred to you, then you may contact us regarding the Account, content and/or Info if you are legally in charge. Please contact us directly using the ‘Contact Us’ link under the ‘Help / Info’ section of the App or on our website or you can email us directly at: [email protected] (please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include the Account name and the email address used on that Account).
Our Services along with our Content are not directed at children under the age of 13 and we do not knowingly solicit or collect any information and/or Info from anyone under the age of 13. We do not allow, neither will we knowingly accept registration for our Services from anyone under the age of 13. In the event that we discover that a child under the age of 13 has registered an Account for our Services and/or provided us personal information and/or Info, we will remove that Account and/or personal information and/or Info from our Services in a timely fashion as quickly as possible.
If you discover that a child under the age of 13 has registered an Account for our Services and/or has provided us personal information and/or Info, please contact us directly using the ‘Contact Us’ link under the ‘Help / Info’ section of the App or on our website or you can email us directly at: [email protected] (please be sure to provide a short general description in the ‘Subject’ line as to what your email is about).
16. SUSPENSION OR TERMINATION OF YOUR ACCOUNT:
In our sole discretion, we may pause, limit, suspend, cancel, modify and/or terminate your profile page and/or your Account and/or membership (whether active, dormant and/or inactive) at any time and for any reason we deem necessary or appropriate. Any points, rankings, credits, feedback, ads, listings, photos, videos, postings, data, content, Info and/or value mechanisms (tangible or intangible) attributed to the user and/or to your Account will be withdrawn without refund, reimbursement or restitution in any form to the user or entity (this also includes non-refund of any payment made to us for a premium Account). Upon suspension or termination, all fees and charges owed to us by you and/or your Account are immediately due and payable.
Upon suspension and/or termination of your Account, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Info you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Info you provided (or that we collected) at any time and obtained by us and/or that was shared/provided to other users through our Services.
We may block or prevent you from attempting any future access to using our Services. If we have limited, suspended or terminated your profile page and/or Account and/or membership, you may not attempt to circumvent the action we have taken by accessing and/or operating on our Services by creating another Account (whether under your name, a modified name, or under other names or fictitious and/or real names or by utilizing other ISPs or Accounts to attempt to access our Services). Upon suspension and/or termination of your Account, all licenses and/or other rights and privileges provided to you through this Agreement for our Services will cease immediately and entirely.
Please note that after suspension or termination of your Account, your content and/or Info may still be available and viewed on our Services by others if it was posted, shared or copied by you and/or other users and thus, displayed, captured and/or stored in other users Accounts.
17. CONTACTING US:
You can contact us directly at the ‘Contact Us’ link under the ‘Help / Info’ section of the App or on our website or you can email us directly at: [email protected](when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your Account name and the email address you use on your Account).