Last Updated: November 7th, 2013

 

Bokeh, Inc. and its subsidiaries (collectively, the “Company,” “us,” or “we”) allows users to instantly post personal status updates that are public by default and can include other content such as photos.

This privacy policy (“Privacy Policy” or “Policy”) explains how your information is collected, used and shared when you use the http://bokeh.com website, APIs, e-mail notifications, mobile applications, ads and other online products and services (collectively, “Bokeh” or the “Services”).

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. The information we collect from you is for your safety, in addition to the purposes set forth below.

INTRODUCTION

This Privacy Policy is an agreement between the Company and you. This agreement tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.

If you have any questions or comments relating to Bokeh or this Privacy Policy, please contact us at hello@bokeh.com.

AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

All activities in which you may engage on Bokeh are voluntary. You are not required to provide any personal information to us unless you choose to access features of the Services which require the information. If you do not agree with the terms of this Policy or other terms of use of Bokeh, then you should immediately discontinue use of the Services provided. If you do not agree with the terms of our Privacy Policy and our Terms of Service (http://bokeh.com/terms), please do not provide us with personal information, and cease all use of Bokeh. The Terms of Use of the Services are expressly incorporated herein by reference and made a part of this Policy. By using Bokeh, you signify that you agree to the terms of this Privacy Policy as well as to our Terms of Use.

EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

This Privacy Policy is effective as of November 7th, 2013, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on Bokeh or we otherwise notify you of the changes. We reserve the right to change this Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to Bokeh. You should check this Policy periodically as its terms may change from time to time. Your continued use of Bokeh after we post any such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.

POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

This Privacy Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through the use of Bokeh.

PERSONAL INFORMATION WE MAY COLLECT

In providing you the Services, we may ask you for certain information referred to as “Personal Information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, or telephone number. You may be required to provide Personal Information to access or use certain parts or features of Bokeh. If you do not provide the requested Personal Information, you may not be able to access or use the Services.

LOCATION INFORMATION WE MAY COLLECT

You may also choose to provide us with or publish your location information (“Location Information”) through your use of Bokeh. If provided, we may use and store your Location Information to provide certain features of the Services and to improve and customize Bokeh with more relevant content or ads.

GENERAL INFORMATION WE MAY COLLECT

There may be other instances in which we collect information from you that is more general in nature (“General Information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the internet. Such General Information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access Bokeh, whether or not you provide us with any Personal Information or register as a user.

When you visit our website, we may also collect “Click Stream Data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use Click Stream Data for traffic analysis of our website to determine which features of our site or the Services are most or least effective or useful to you.

We may also use cookies to gather information about your visits to our website and enhance your experience. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on Bokeh and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on the Bokeh site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust the settings in your browser (such as Firefox, Chrome, Safari or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Services and you may lose access to some of its features.

GENERAL INFORMATION ABOUT YOU

We will primarily use the Personal Information you provide and any General Information we receive from you to provide the Services to you. We may also use your Personal Information for other purposes including, but not limited to, the following:

  • To administer a content promotion survey or other site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).

  • To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of the Company or its licensees or selected commercial partners. We send you this only if you have double-opted-in to receive e-mails from us. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, see the section titled “Deleting or Modifying Personal Information”.

  • To analyze visits to our website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve Bokeh and deliver to you the type of content, features and promotions that you are most interested in.

PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

In order to protect both the Personal Information and the General Information that we receive from you through Bokeh, we have implemented various security measures, including username/password authentication and the storing of hashes rather than passwords.

Please keep in mind, however, that whenever you give out Personal Information online there is a risk that third parties may intercept and use that information. While the Company strives to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using Bokeh, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, general information, or other data or information received from you is provided to us at your own risk, which you expressly assume.

NOTICE CONCERNING CHILDREN

We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If you are a parent or guardian and have authorized a minor (under 18 years of age) to use Bokeh, you are responsible for the online conduct of such minor, and the consequences of any misuse of Bokeh by the minor. If you become aware that your child has provided us with Personal Information without your consent, please contact us at hello@bokeh.com. If we learn or have reason to suspect that a Bokeh user is under age 13, we will promptly take action to delete any Personal Information and terminate that user’s account.

INTERNATIONAL USERS

By using Bokeh and providing us with data, you acknowledge and agree that, due to the international dimension of the Services, we may use the data collected in the course of your use of Bokeh for the purposes identified in this Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.

SHARING INFORMATION WITH THIRD PARTIES

Our global and local websites and the Personal, Location and General Information collected are managed and controlled by the Company, having its principal office located at 160 Greentree Drive,Suite 101, Dover, DE 19904. The servers that make our global and local Services available are provided by Amazon Web Services (the “Hosting Company”). We have entered into an agreement with the Hosting Company to provide safeguards for the protection of your data that are consistent with this Policy.

Bokeh may include third-party advertising and links to other websites. Using your IP address, cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads, these third-party advertisers deliver tailored advertisements that appear on our website directly to your browser. We have no access to or control over cookies or other tools they may use, and the information and data practices of these third-party advertisers are not governed by this Privacy Policy.

Other than to the companies with whom we have a contractual relationship for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your Personal Information or general information to third parties without informing you in advance. We provide some of our Services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “Service Partners”). Our Service Partners may use your Personal Information to help us provide the Services, operate Bokeh, and deliver their own services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating our website and mobile applications, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your Personal Information by our Service Partners is governed by the privacy policies of those Service Partners and is not subject to our control.

LINKS

For your convenience and to improve the usage of Bokeh, we may insert links to third parties on our website. This Privacy Policy does not apply to such third party websites. These links take you outside our service and off the Company’s site and are beyond our control. This includes links from partners that may use our logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our site, the Company is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

SECURITY

WE WILL RELEASE PERSONAL, LOCATION OR GENERAL INFORMATION WITHOUT YOUR CONSENT FOR SECURITY PURPOSES, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

DELETING OR MODIFYING PERSONAL INFORMATION

You may cancel your user registration and account at any time, and you may opt out of receiving any e-mails from us. Additionally, you can choose to have all your Personal Information deleted from our database. You may opt out, or delete or modify your Personal Information, by opening the Settings page in the Menu of the Bokeh application and clicking the button to Close your account. We encourage you to promptly update your Personal Information when it changes.