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PRIVACY

Service and Website Privacy Policy

Last Updated: March 2020

Balcony is a Balcony Labs, Inc. Registered Trademark

Balcony Labs, Inc. (the “Provider”, “Providers”, “Balcony”, “Balcony.io”, “Balcony Labs, Inc.“, “Vioozer Inc”, “Company”) and, when applicable, THE HOSTING APPLICATION, its subsidiaries and affiliates, (collectively  the "Company" “we” or "us"), respect the privacy of the visitors and/or users of its services (including but not limited to website, web dashboard, mobile Apps, widgets and SDKs) (“User” or “you”), and is committed to protect the personal information that its Users share with it.

We believe that you have a right to know our practices regarding the information we may collect and use when you visit and/or use our Site and/or Services.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use ("TOU"), into which this Privacy Policy is incorporated by reference.

 

Our principles for protecting your data

  • We built Balcony with a Privacy-by-Design approach to safeguard your privacy and anonymity.
  • Allowing you to generate and providing you geo-messages, alerts, requests for information and vectoring instructions when you're at or entering a relevant location, is our utility and our purpose.
  • We record as little information as we need and the data we do collect we store for as short a duration as possible. And, where possible, we store only aggregate data that is not tied to you.

 

1. Your consent (PLEASE READ CAREFULLY!)

BY INSTALLING A BALCONY ENABLED APP ON YOUR MOBILE DEVICE, ENTERING INTO, CONNECTING TO, ACCESSING AND/OR USING THE BALCONY DASHBOARD OR WEB WIDGET / BOT, OR ENTERING, CONNECTING TO, ACCESSING OR USING THE SITE (THE “SERVICE”), YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE "PRIVACY POLICY"), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT INSTALL, ACCESS AND/OR USE THE APP AND/OR SERVICE AND YOU ARE REQUESTED TO PROMPTLY ERASE THE APP AND ANY PART THEREOF, FROM YOUR MOBILE DEVICE.FOR AVOIDANCE OF DOUBT, YOU HEREBY CONSENT TO THE COLLECTION (E.G. IN THE COMPANY'S DATABASE), PROCESSING, TRANSFER AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE THE HOSTING APPLICATION OR BALCONY WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS VOLUNTARILY PROVIDED TO THE HOSTING APPLICATION OR TO BALCONY.

IN CASE OF A BALCONY SDK INTEGRATION, IT IS HEREBY CLARIFIED THAT THE SERVICE (OR SUBSTANTIAL PORTIONS THEREOF) IS PROVIDED BY BALCONY. THEREFORE, FOR THE AVOIDANCE OF DOUBT, THIS PRIVACY POLICY APPLIES TO THE USE OF YOUR INFORMATION BY BALCONY AS WELL.

 

2. Which information we may collect on our Users?

We may collect two types of data and information from our Users:The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering and/or using the Site and/or Service and/or installs the App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Site and/or App, type of operating system, the type of the User's mobile device and its operating system and version, the User's mobile device's mode of operation and acceleration data, User's 'click-stream' on the Site and/or App, type of browser and keyboard language, the hardware specifications of such device (including screen resolution) as well as other settings (e.g. ringer mode off/on, screen mode off/on, "do not disturb", etc.), the type of current connectivity, time spent on various screens of the App and/or Site, anonymous analysis of message texts and content as well as their time and current location and connectivity behavior (e.g. wifi, Bluetooth), etc. For the avoidance of doubt, the User's messages which are generated by using our Service (including without limitation, texts, photos, videos or other expressions) will be deemed Non-Personal Information. The User hereby agrees that any content which will be displayed by him/her in connection with his/her messages shall not include identifiable, confidential and/or private information and the User shall have no expectation of privacy or confidentiality with respect to such information.Without derogating from the generality of the foregoing, to the extent that such information will include any information which may be deemed as personal information under any applicable law, you hereby agree that such information will be shared with other Users. It is your responsibility to obtain any and all consents required under any applicable laws, regarding the displaying of any personal information of others which may be part of your messages, and to adhere to any applicable laws regarding such information. The hosting application or Balcony has no control over such information and disclaims all liability in this regard. You acknowledge and agree that you are solely responsible for sharing such information and/or other's information and that you are doing so at your own risk.  The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. Users of the Site and/or Service automatically provide their devices IP address (or Mac Address, as applicable) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below. Use of the Service may generate Personal Information, including without limitation: current location, favorite locations, locations of interest where the Service was generated and/or provided; the nature, content (including search terms), time and location of the information requests or replies.Tokens and/or other keys enabling us to provide the Service, including without limitation social network tokens, push-notification credentials and third party API keys. In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User, including without limitation, within the scope of the User Generated Content or from the details the Users provide in the Contact Form and/or message box on the Site and/or Service (which may include the User's e-mail address, nickname, personal tag identifiers and the content he/she would like to submit). For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the Terms and the Privacy Policy.

 

3. How Do We Collect Information on Our Users?

There are two main methods we use: We collect information through your entry, connection, installation, access and/or use of the Service and/or Site. In other words, when you are using the Service we are aware of it and may gather, collect and store the information relating to such usage either independently and/or through other third-party service providers as detailed below.We collect information which you provide us voluntarily. For example, we collect Personal information which you voluntarily provide when you open an Account and/or fill in the Contact Form and/or submit a question on the Site. We may gather, collect and store the Personal Information either independently or through the help of other authorized third-party service providers as detailed below.

 

4. What are the Purposes of the Collection of Information?

Non-personal Information is collected in order to:   Use it for statistical and research purposes and for customization and improvement of our Service. Improve our metrics and the quality of the Service and gather statistics in order to enhance the User's experience. Provide the Service Personal Information is collected in order to:   Enable current and future commercial related services.Improve the quality of the Service by formulating, customizing and enhancing the User's experience.Send push notifications to the User's device after the User agreed to accept push notifications. Users can deactivate push notifications by changing the notification settings in accordance with the instructions of the operating system running on the Users’ device Verify the User's identity when he/she signs in to the Service, as well as verifying User's identity for the purpose of dealing with inappropriate interactions of User and/or fraudulent use of our Service. Be able to reply to the User's questions and concerns which were sent by him/her to the support center. Be able to inform you regarding our products and services which may interest you, transmitted to you through the contact information you provided us. Determine geolocation information from which the User's mobile device or computer is connected to the Internet in order to render the Service (i.e. for the purpose of matching messages made by one service Users, whether on mobile apps, websites, or any other device or method to access the service, with one or more other applicable users), as well as in order to safeguard our Service.  

 

5. Sharing Information with Third Parties

THE HOSTING APPLICATION or Balcony. may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that any content available on the Service violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of the PROVIDERS, its Users, or the general public; (h) when a PROVIDER is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets;  (i) to collect, hold and/or manage your Personal Information through PROVIDER's authorized third parties service providers (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) to store or process your Personal Information through PROVIDER's affiliated companies, which may be located in a country that does not have the same data protection laws as your jurisdiction. The PROVIDER requires its affiliated entities to agree to processing your Personal Information in compliance herewith; (k) cooperate with third parties for the purpose of enhancing the User's experience; and/or (l) pursuant to your explicit approval prior to the disclosure. For avoidance of doubt, the PROVIDERS may transfer and disclose Non-personal Information to third parties at their own discretion. It is hereby clarified that the PROVIDERS will share the Personal Information in an anonymous and/or aggregated manner (without the User's identity) with third parties for the following purposes: (i) to provide and improve the Services, (ii) to enable the transfer of anonymous information for commercial purposes, for example, to our authorized service providers (partners, vendors etc.); and (iii) to public content on websites  and/or social media platforms. The PROVIDERS are not responsible for interactions of Users who engage with each other on the Service, and is not liable for any damage that may result from such engagement. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES, INCLUDING OTHER USERS, AND THAT YOU ARE DOING SO AT YOUR OWN RISK.IT IS HEREBY AGREED THAT THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH ANY CONTENT (INCLUDING WITHOUT LIMITATION INAPPROPRIATE CONTENT) UPLOADED AND/OR DISPLAYED BY THE USERS VIA THE USE OF THE SERVICE.

 

6. Deletion or Modification of Personal Information

If for any reason you wish to delete or modify your Personal Information, you can send us an e-mail to: contact@balcony.io with your request and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws. Note that unless you instruct us otherwise we may retain and use your Personal Information after termination of your Account, for as long as reasonably required for the purposes for which such Personal Information was collected, including without limitation, in order to comply with our legal or business requirements or obligations, to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account, all as permitted under any applicable privacy laws.Aggregate and/or anonymous information derived from your Account and/or use of the Service may remain on the PROVIDERS servers indefinitely.

 

7. Minors

The Site and Service are intended for Users over the age of thirteen (13). Therefore, the PROVIDER does not intend and does not knowingly collect Personal Information from children under the age of thirteen (13) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Service. If we learn that we collected Personal Information from children under the age of thirteen (13) we will delete that information as quickly as possible. Please contact THE HOSTING APPLICATION at the email address which appears on the Site and/or App if you have reasons to suspect that THE HOSTING APPLICATION collected Personal Information from children under the age of thirteen (13) and will delete that information as quickly as possible. It is hereby clarified that the User Generated Content may include information regarding children under the age of thirteen (13) only in the event that the legal guardian of such child has agreed to such inclusion, all as required under any applicable laws.

 

8. Security

We take reasonable measures to maintain the security and integrity of our Site and/or Service and User information and geo-location data prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The User Information is hosted on top tier web servers (e.g. Amazon). Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING OR OTHER SECURITY INTRUSIONS OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE USER GENERATED CONTENT.    

 

9. Data Security

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the website.

 

10. Third Party Service Providers

We may be using third party software or service in order to collect, host, store and/or process the information detailed herein. The Service uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such software includes without limitation, Google Analytics which privacy policy can be found at: http://www.google.com/analytics/, Amazon which privacy policy can be found at: http://www.amazon.com/gp/help/customer/display.html?nodeId=468496, Google Maps API which privacy policy can be found at:  http://www.google.com/policies/privacy/. The Service does not control such third party service providers. Please read their terms of use and privacy policies to understand their privacy practices.

 

11. Links to Third Party Websites

Certain links provided herein in the Service or via a message received on the Service permit our Users to leave the Site and enter non-Service and/or third party and/or HOSTING APPLICATION sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Balcony or THE HOSTING APPLICATION and it is not responsible for the availability of such external sites or services, does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Balcony and/or THE HOSTING APPLICATION are not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Balcony and/or THE HOSTING APPLICATION reserve the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

 

12. Cookies and Local Storage

When you access or use the Site and/or App, the PROVIDERS and/or our third party service providers may use industry-wide technologies such as "cookies" and local storage (or other similar technologies), which store certain local information on your device or on the Site ("Local Storage"), which may enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored on your computer or on your device. The PROVIDERS and/or our authorized third party service providers may access such information. The PROVIDERS and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Local Storage included in the Service may store non-personal information (such as the different pages viewed by a User within the App and/or Site) as well as geo-location data, which will be collected in accordance with the terms specified herein. It is easy to prohibit and/or delete the Local Storage, inter alia, via uninstalling the App from your mobile device and/or through the Settings option of your device. Most platforms will allow you to erase cookies from your computer's hard drive or from your device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option you may use the "settings" option of your device or according to the specific instructions provided by the third party service provider's privacy policy and terms of use. However, if you block or erase cookies, or change the settings of your device, your online and/or App experience may be limited. Third-party cookies usually store only a Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc. The PROVIDERS do not control such third party service providers. Cookies can be used to do lots of different things, like recognize you when you navigate to Balcony’s site, storing your preferences and improving your experience. Cookies also make your interactions with Balcony more secure, faster, and help us ensure that your Balcony experience is personalized to you and in line with your settings. Balcony uses cookies for a number of purposes, including:Authentication: Balcony uses cookies to recognize you if you are logged in to Balcony, so that we can show you the right information and personalize your experience.Security: Balcony uses cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms of Use.Preferences, features and services: Balcony uses cookies to know which language you prefer, what your communications preferences are, and they help you fill out forms on Balcony. Plus, they provide you with features, insights, and customized content through our plugins.Performance, Analytics and Research: Balcony uses cookies to help us learn how well our site and plugins perform across the globe. We also use cookies to understand, improve, and research products, features, and services, including when you access Balcony from other websites, applications, or devices such as your work computer or your mobile device.

 

13. Direct Marketing and Advertisements

Direct Marketing: You hereby agree that the PROVIDERS may use your contact details you provided us with for the purpose of informing you regarding our products and services which may interest you, and to send to you other marketing materials, transmitted to the e-mail address you have provided. You may withdraw your consent via sending a written notice to contact@balcony.io or alternatively following the instructions for removing yourself from the mailing list which are available in the e-mail transmitted.

 

14. Legal Basis for Processing your Personal Information (EEA individuals Only).

If you are a visitor from the European Economic Area (EEA), our legal basis for processing your personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only when you opt in, and/or where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process personal information about you to protect your vital interests or those of another person.If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our website and/or Service and communicate with you as necessary to provide our products and services to you and for our legitimate commercial interest. These legitimate interests include, for example, responding to your queries, improving our platform, undertaking marketing, or detecting or preventing illegal activities. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at contact@balcony.io.

 

15. Rights of Individuals in the EEA

If you are a resident of the EEA, you also have the right to:Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:If you want us to establish the data’s accuracy.Where our use of the data is unlawful, but you do not want us to erase it.Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.If you wish to exercise any of the rights set out above, you can do so at any time by contacting us at contact@balcony.io..You will not have to pay a fee to access your personal data or to exercise any of the other rights described above, however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Also, for general users on our website, you can email us at contact@balcony.io.

 

16. California Privacy Rights

California Civil Code Section 1798.83 permits residents of California to request certain details about what personal information regarding such residents a company shares with other companies for such other companies’ independent and direct marketing purposes. While we DO NOT share your Personal Information with other companies for their independent and direct marketing purposes, you may contact us about specific pieces of personal information. To make such a request, please send an e-mail to contact@balcony.io or write us at: Balcony Labs, Inc., 440 N Wolfe Rd, Sunnyvale, CA 94085., Attn: General Counsel.

 

17. Your Nevada Privacy Rights

Balcony is not an “operator” under Nevada state law as we don’t sell or license personal information to anyone. However, in accordance with Nevada Senate Bill 220, if you are a Nevada consumer then you may specifically opt-out from the sale of any of their personal information in the future. To make such a request, please send an e-mail to contact@balcony.io or write us at: Balcony Labs, Inc., 440 N Wolfe Rd, Sunnyvale, CA 94085., Attn: General Counsel.

 

18. Future Business Transactions

As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information, including customer data, generally is one of the transferred business assets. By submitting information on the website, through data import, or any other means, you acknowledge that such data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your information. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of user information, as well as any choices you may have regarding your information.

 

19. Changes to the Privacy Policy

The terms of this Privacy Policy will govern the use of the Site and/or App and any information collected therein. The PROVIDERS reserve the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the App and/or homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Site and/or App or sent by e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site and/or App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

20. Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to contact us at the following address, we will make an effort to reply within a reasonable timeframe.

Balcony Labs Inc.

440 N Wolfe Rd

Sunnyvale, CA 94085

Email: contact@balcony.io

The data controller of your personal information is Balcony Labs Inc.