Last updated: 08/22/2018
III. Transparency/Notice--Types of Personal Information We Collect and How We Use It
The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with us and the requirements of applicable law. Some of the ways that we may collect Personal Information include:
You may provide Personal Information directly to us through interacting with the Services (including when you use our mobile app), participating in surveys, during events, and requesting Services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
A. Types of Personal Information
We collect Personal Information regarding our current, prospective, and former customers, users, visitors, and guests. (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Platform and Services, contact us directly or engage in certain activities, such as registering for an account with us, purchasing products using our Platform or Services, or using our devices, we may ask you to provide some or all of the following types of information:
Purchases. When you choose to purchase products via our Services or on our Platform, we may collect information from you including Personal information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (“Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, for example, we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account creation via the Services.
Public User Profiles. When you use our Platform or Services, (e.g., the Semy app) you may be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as your phone number, username, email address, birth date, location, and image or avatar. Only your phone number, username, location, and birth date is required to set up a User Profile.
Once your User Profile is created, anytime you use our Platform or Services, we will may collect additional information and add it to your User Profile, such as the drinks you have purchased or redeemed, the locations where you redeemed those drinks, your followers and who you are following, and any other information that may be available from time to time.
You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Platform and Services, you allow others, including us, to identify you and therefore you may not be anonymous. User Profiles are available for viewing by other registered Semy users (except for your email address and phone number which are not displayed in your User Profile), and those other users can contact or follow you through the Platform or Services. You can block a follower from following you by going to their profile and pressing the block button. Please see our FAQs for complete instructions on the blocking feature.
Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Platform or Services, register for our newsletter or a loyalty program that we may offer from time to time, request to receive customer or technical support or otherwise communicate with us.
Automatic Data Collection. We may collect certain information automatically through our Platform and Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Platform and Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Platform and Services, and other actions taken through use of the Platform and Services such as preferences.
Information Submitted Via Platform and Services. You agree that we are free to use the content of any communications submitted by you via the Platform and Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or the Platform and Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Platform or Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. For example, if you access our Platform or Services through a Third-Party application, such as the Apple App Store, Google Play App Store (together with any similar applications, “App Stores”) or Social Networking Sites (“SNS”) such as Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, Platform and Services.
B. How We Use Your Information
We acquire, hold, use and Process Personal Information about Individuals for a variety of business purposes, including:
To Provide Products, Services or Information Requested. We may use information about you to fulfill requests for products, Services or information, including information about potential or future Services, including to:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of our Platform and Services;
Assist with monitoring your related statistics and usage trends;
Personalize the Platform and Services for you based on your settings and your historical usage or activity data;
Contact you to answer requests for customer support or technical support;
Allow you to register for events.
Administrative Purposes. We may use Personal Information about you for its administrative purposes, including to:
Measure interest in our Platform and Services;
Develop new products and Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on our Platform and Services and systems, and, in our * discretion, changes to any of our policies;
Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service or system maintenance;
Process payment for products or Services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Enforce our Terms.
Marketing Our Products and Services. We may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or Services. We may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. Such uses include:
To tailor content, advertisements and offers;
To notify you about offers, products and Services that may be of interest to you;
To provide Services to you and our sponsors;
For other purposes disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent.
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
Research and Development. We may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Platform and Services or develop new products and Services. From time to time, we may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and Services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Email. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails or newsletters from us with information on our or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
Anonymous and Aggregated Information Use. We may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Platform and Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Platform and Services. Anonymized or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purpose. We may share this information within our company and with Third-Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Sharing Content with Friends or Colleagues. Our Platform and Services may offer various tools and functionalities. For example, Semy allows you to share image or video data along with a drink sent to another user. Information that you may provide for a friend or colleague will be used to send your friend or colleague the content you request.
Other Uses. We may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
C. Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
Cookies. Cookies are small text files placed in visitors’ computers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Platforms and Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Platforms and Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Advertising or Targeting Related. We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites, within our Platform and Services, or on Third-Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as, whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits.
D. Third-Party Websites, Social Media Platforms, and Software Development Kits
The Site may contain links to other websites and other websites may reference or link to the our Site or other Platforms or Services. These other domains and websites are not controlled by us, and we do not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our Platform and Services may include publicly accessible blogs, community forums, private messaging or video and image sharing. The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, video or image, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by Third-Parties for any number of purposes.
E. Third-Party Payment Processing
When you make purchases through the Platform or Services, we process your payments through a Third-Party application, such as an App Store, SNS, or our Third-Party payment processor, Stripe, Inc. In these instances the Third-Party application may collect certain Financial Information from you to process a payment on behalf of us, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the Third-Party application’s terms, conditions and privacy policies.
IV. Onward Transfer--We May Disclose Your Information
A. Information We Share
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. We have executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. We may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with ours. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which we provided them.
Displaying to Other Users. The content you post to the Platform or Services may be displayed on the Platform or Services. Other users of the Platform or Services may be able to see some information about you, such as, your name if you engage in use of the Platform or Services. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, we may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Semy related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 5 below.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) respond to your requests; (iii) protect your, our, or others’ rights, property or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
B. International Data Transfers
You agree that all Personal Information collected via or by our Platform or Services may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you explicitly consent to the storage of your Personal Information in these locations.
V. Opt-Out (Right to Object to Processing)
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to our Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting firstname.lastname@example.org. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
B. Email and Telephone Communications
We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
C. Mobile Devices
We may occasionally send you push notifications through our mobile applications with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
D. "Do Not Track"
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
E. Cookies and Internet-Based Advertising
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and http://www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
VI. Rights of Access, Rectification, Erasure, and Restriction
Although we make good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
VII. Data Retention
VIII. Security of Your Information
By using the Platform or Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
IX. International Users
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.
X. Children's Privacy
Our Platform and Services are not directed to children under 13. In addition, you are not permitted to use our Platform and Services if you do not meet the minimum age requirement applicable to our Platform and Services in your jurisdiction. We do not knowingly collect Personal Information from children under 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected Personal Information of a child under 13 (or under 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
By registering an account on the Semy Platform or Services and accepting this Agreement, you confirm that you are either (a) at least 18 years of age; or (b) between 13 years and 17 years of age and using the Semy Platform or Services with the permission and consent of your parent(s) or legal guardian. You are not allowed to register an account on the Semy Platform or Services and you do not have the right to access or use the Semy Platform or Services if you do not meet either of these criteria. We reserve the right to, at our sole discretion, refuse to register an account on the Semy Platform or Services or to terminate an existing account on the Semy Platform or Services at any time and for any reason whatsoever, in particular, but without limitation, if these criteria are not met.
Please note that alcoholic beverages and related services may be sold and delivered only to persons who are at least 21 years of age. By placing an order for any Gift that is an alcoholic beverage via our Platform or Service, you represent to Us and to the Merchant: (a) that you are purchasing the Gift for personal use and not for resale; (b) that you are at least 21 years old; (c) that any person to whom the Gift will be delivered or served is at least 21 years old; and (d) that the person receiving the Gift will provide valid identification proving that he or she is at least twenty-one 21 years of age.
If you are under the age of 21 and misrepresent your age or the age of the person to whom a Gift that is an alcoholic beverage and associated services are to be provided, you may be subject to prosecution for violating state and/or federal law.
XI. Redress/Compliance and Accountability
XII. Other Rights and Important Information
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, we will endeavor to comply with the law or contract.
B. California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third-Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. We do not share Personal Information with Third-Parties for their own marketing purposes.
The following capitalized terms shall have the meanings herein as set forth below.
“Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, us or to which we disclose Personal Information for use on its behalf.
“Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of us or our subsidiaries worldwide.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, us or our Agents.