Avochato Privacy Policy Last Revised: February 24, 2017 Avochato Inc. (“Company”) has prepared this Privacy Policy to describe to you our practices regarding the personal information we collect from users of the website located at www.avochato.com (the “Website”), the Web-based Avochato application (the “Web App”) and the downloadable mobile applications (the “Mobile Apps” and collectively with the Web App, the “Apps”), and hosted services enabled or available via the Website and the Apps (the “Services”). 1. Questions; Contacting Company; Reporting Concerns. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security incidents to us, please contact us at the following address or phone number: ATTN: Avochato Inc. 530 Howard St Second Floor San Francisco, CA 94105 +1-415-214-8977 help@avochato.com 2. A Note About Children. Our Services are not directed to children and we do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to Company and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at help@avochato.com. 3. A Note to Users Outside of the United States. If you are a non-U.S. user of the Services, by using our Services and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less protective than the laws in your country. By providing your data, you consent to such transfer. 4. Types of Data We Collect. We collect personal information and anonymous information, as described below. (a) Information You Provide to Us. 〈 We may collect personal information from you, such as your first and last name, e-mail and mailing addresses, professional title, company name, phone number, and password when you create an account to log in to our Services (“Account”). 〈 If you use our Services on your mobile device, including through our App(s), we may automatically collect your phone number, your ZIP code, city, state, and country, and/or the unique device id number. 〈 When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality. 〈 Certain Services require our collection of your phone number. We may associate that phone number to your mobile device identification information. We also associate phone numbers with carrier information, telephone subscriber name, zip code, city and state. 〈 When you order Services, we may use a third party payment processor to collect all information necessary to complete the transaction, including your name, credit card information and billing information. We do not store this information on our servers, but this information is processed through our third party payment provider. 〈 When you send and receive MMS, SMS or other messages through the Services, we will collect the content of those messages, including any photos, files, text and other content you send or transmit or receive in order to provide the Services. 〈 We retain information on your behalf, such as files and messages that you store using your Account. 〈 If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. 〈 The information that you provide in your profile page (“Profile”) including first and last name, phone number, email, and profile picture will be stored and visible to other users of the Services. 〈 When you participate in one of our surveys, we may collect additional profile information. 〈 We also collect other types of personal information that you provide to us voluntarily, such as the information you provide when you contact us regarding support for the Services. 〈 We may also collect personal information at other points in our Services that state that personal information is being collected. (b) Information You Provide to Facebook and other Social Networking Sites. The Services may allow users to connect Facebook or other social network service (SNS) accounts to the Service. When you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. We may receive information from Facebook or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or SNS friends. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page. (c) Security of Credit Card and Bank Account Information. For online payments and/or Automated Clearing House (ACH) payouts, we may use the payment services of Braintree, a service of Paypal, Inc. (https://www.braintreepayments.com) and/or Stripe, Inc. (https://www.stripe.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Braintree’s terms at https://www.paypal.com/us/webapps/mpp/ua/privacy-full and Stripe’s terms at https://stripe.com/us/privacy. (d) Information Collected via Technology. 〈 Information Collected by Our Servers. To make our Company Properties more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. 〈 Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system type and version, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. 〈 Cookies. Like many online services, we and our service providers use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Company Properties. This type of information is collected to make the Company Properties more useful to you and to tailor the experience with us to meet your special interests and needs. 〈 Pixel Tags. In addition, we and our service providers use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. 〈 Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our App(s). Examples of information that may be collected and used include your approximate geographic location, how you use the App(s), and information about the type of device you use. We may also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code. 〈 Analytics Services. In addition to the tracking technologies we place, other companies may set their own cookies or use similar tracking technologies when you visit the Services. This may include third party analytics services, including but not limited to Google Analytics (“Analytics Services”) that we may engage to help analyze how users use the Services, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services to improve our Services. The information generated by the Cookies or other technologies about your use of our Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. For a full list of Analytics Services we use, please contact us at help@avochato.com. (e) Information Collected from You About Others. 〈 Email Invites. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at help@avochato.com to request the removal of this information from our database. 〈 Address Books. As part of your use of the Services, we may provide you the opportunity to connect automatically with your existing contacts. We employ various techniques in order to facilitate contacts finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we may access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your contacts. We do this only for contact matching to help your contacts and you find each other. Also, when you invite contacts to the Services, we will access your Address Book and we will import your contacts’ names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your contacts will come from your e-mail address so that your contacts know that you want to invite them to visit the Website. We do not store any passwords you provide as part of the contact import process. 5. Use of Your Personal information (a) General Use. In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your personal information in the following ways: • facilitate the creation of and secure your Account on our network; • identify you as a user in our system; • provide improved administration of the Services; • provide the Services you request; • improve the quality of experience when you interact with the Services; • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; • send you administrative e-mail notifications, such as security or support and maintenance advisories; • respond to your inquiries related to employment opportunities or other requests; • make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company. (b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. We may post user feedback on the Company Properties from time to time. We generally will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. (c) Creation of Anonymous Data. We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website and Apps navigation. We reserve the right to use anonymous data and aggregated and other de-identified information for any purpose and disclose anonymous data to third parties in our sole discretion. 6. Disclosure of Your Personal information. We disclose your personal information as described below and as described elsewhere in this Privacy Policy. (a) Employers of Enterprise Account Users. If your access to our Services is established as an employee or representative of an enterprise customer (e.g., a business or other legal entity), we may share your message content and any other personal information we collect in connection with your use of our Services with your employer, including any individuals with administrative account access privileges in your employer organization. (b) Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with the third parties that you designate to receive such information. (c) Third Party Service Providers. We may share your personal information with third party service providers to: provide you with the Services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company. Affiliates. We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. (d) Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy. (e) Social Networking Sites (SNSs). Some of our Apps and Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs. (f) Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), Company may disclose personal information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights, safety or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use. 7. Third Party Websites. The Company Properties may contain links to third party websites. When you click on a link to any other website or location, you will leave the Company Properties and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. 8. Your Choices Regarding Information. You have several choices regarding the use of information on our Service: (a) Email Communications. We may periodically send you free newsletters and e-mails that directly promote the use of our Website or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy. (b) Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below. (c) De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain personal information with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device. (d) Changing or Deleting Your Personal information. All users may review, update, correct or delete the personal information in their user account (including any imported contacts) by contacting us at help@avochato.com. If you completely delete all of your personal information, then your user account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. (e) How We Respond to Do Not Track Signals. We do not currently respond to browser “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site. (f) Apps. You can stop all collection of information by the App(s) by uninstalling the App(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. 9. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. Unless otherwise stated on the Company Properties or in a notice you, any changes to this Privacy Policy will be effective upon posting of an amended Privacy Policy to the Company Properties. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
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