PRIVACY POLICY

Effective as of January 7, 2024

Last updated August 16, 2024

Introduction

Splashin LLC, (“Splashin,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard your information. This Privacy Policy applies to individuals who access our website and mobile application (collectively, the “App”), as well as any other interactive properties through which the services are offered (collectively, “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

This Privacy Policy covers the following topics:

1.        Personal Information We Collect

2.        How We Use Your Personal Information

3.        How We Share Your Personal information

4.        Cookies and Other Tracking Technologies

5.        Universal Opt-Out Mechanisms

6.        Security

7.        Third Party Links

8.        Children’s Privacy

9.        Length of Personal Information Retention

10.        Notice to Nevada Residents

11.        Your State Privacy Rights and Additional Disclosures

12.        International Data Transfer

13.        Notice to Residents of the EU, UK, Switzerland, and Other International Jurisdictions

14.        How to Contact Us

Personal Information We Collect

We collect personal information (also commonly referred to as “personal data” or “personally identifiable information” (“PII”)) from you through your use of the App and Services. Personal information is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal information:

Personal Information You Provide

Depending on how you interact with our App and Services, we will collect the following personal information that you voluntarily provide to us for the following purposes:

• Create an Account. If you create an account, you will provide us with your first and last name, email address, and password.
• Sign In. When you sign into your account, you will provide us with your email address and password. If you choose to login using FaceID, fingerprint ID, or a phone based password, you may provide us with that verification.
• Change your Password. If you change your password, you will provide us with your first and last name, current password, and new password.
• Start or join a Game. If you choose to start a game, you may provide us with a game name and if you start or join a game, you may provide us with your active location information and motion and fitness information.
• Submit Feedback. If you choose to submit feedback, you may provide us with any information necessary to inform us in regard to that feedback.
• Subscribing to Premium. If you choose to subscribe to our premium service, you may provide us with your first and last name, physical address, credit or debit card information through your chosen application store.
• Marketing. We may use your contact information to market our Services to you.
• Contest Entry. If you choose to enter one of our competitions, you may provide us with photographs or videos of you. Such photographs and videos may be collected via social media or other third party applications, as described below.

User Generated Content

We may invite you to post content on the App, Services, or through other channels (e.g., social media), including your comments, pictures, videos, and any other information that you would like to make available, which may become public (“User Generated Content”). If you post User Generated Content on the App, Services, or through another public channel, all of the information that you post will be available to authorized personnel of Splashin, and you will be provided the option to make your User Generated Content  available for our use and to the public at our discretion, which may include use of your photos, videos, and images for uploaded for our own marketing purposes. If you opt-in to such use and sharing for your User Generated Content, you expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Services or for our own marketing and promotional purposes. If you submit a review, recommendation, endorsement, or other User Generated Content through other public websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the App or Services without your specific opt-in.

Personal Information as You Navigate Our App

We automatically collect certain data that may be classified as personal information in states or countries through your use of our App and our use of cookies and other tracking technologies in order to understand your preferences and/or to ensure proper maintenance of the App. We do not automatically collect any personal information for advertising, marketing or retargeting purposes. Examples of information that may be automatically collected include:

• Usage Information. For example, the pages on the App you access, the frequency of access, and what you click on while on the App.
• Device Information. For example, hardware model, operating system, application version number, and browser.
• Mobile Device Information. Aggregated information about whether the App is accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from App users on a city-regional basis.

For more information on automatically collected information see our “Cookies and Other Tracking Technologies” section below.

Personal Information We Collect About You from Other Sources

In some cases, we may receive personal information about you from other sources. This includes phone and internet service providers, operating systems and platforms, and social networks.

1. How We Use Your Personal Information

In addition to the purposes stated above, we may use all the personal information we collect in accordance with applicable law such as to:

• Maintain and improve our App and Services;
• Protect the security and integrity of our App and Services;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;
• Defend our legal rights and the rights of others;
• Fulfill any other purposes for which you provide it;
• For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal information as disclosed to you;
• Comply with applicable law.  

2. How We Share Your Personal information

We may provide any of the described categories of personal information to our employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the App and Services to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Policy. Third parties receiving personal information may include:

• Our affiliates and related companies;
• Business partners, contractors, and channel partners, which are not considered affiliated companies.
• Third-party vendors or service providers providing crucial services and necessary to provide the Service;
• Government agencies or other parties in response to legal process or other requests, where permitted by law;
• With other persons or third parties with whom you have requested that we share information.

Except as described above, we will not share your personal information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Use, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the App or Services, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets; or (vi) for an additional purpose that is directly related to the original purpose for which the personal information was collected.

For more information on how we share personal information with third parties, see our “Your State Privacy Rights and Additional Disclosures” section below.

3. Cookies and Other Tracking Technologies

Monitoring App Activity

While we may monitor certain App activity and usage in order to ensure the proper functioning of the App and to help us improve the Services, we do not utilize cookies or other tracking technology to conduct advertising, analyze the effectiveness of advertising, or for any purpose associated with advertising our Services or other Services to you.

How You Can Opt Out of Cookies

While the Splashin App doesn’t use the type of cookies or tracking technology that necessitate opt-out under applicable laws, below we provide some general information about opting out of cookies via your browser or other third parties.

Browser Settings

You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the App.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

4. Universal Opt-Out Mechanisms

We do not engage in “sales,” or “shares,” or “targeted advertising” as those terms are defined under applicable laws and therefore our App does not recognize the Global Privacy Control (“GPC”) signal. For more information and to download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. 

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the App does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

5. Security

We maintain commercially reasonable security measures to protect the personal information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

6. Third Party Links

The App may contain links that will let you leave the App and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

7. Children’s Privacy

The App and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

8. Length of Personal Information Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the App or Services, or we are legally obligated to retain this data for longer periods.

9. Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to team@splashin.app.

10. Your State Privacy Rights and Additional Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal information. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):

• The right to confirm whether or not we are processing your personal information and to access such personal information and the categories of personal information we are processing or have processed;
• The right to obtain a copy of your personal information that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
• The right, at our option, to obtain a list of specific third parties, other than natural persons, to which we have disclosed your personal information or any personal information;
• The right to obtain a list of categories of third parties to which we have disclosed your personal information;
• The right to delete personal information that we collected from and/or about you, subject to certain exceptions;
• The right to correct inaccurate personal information that we maintain about you, subject to certain exceptions;
• The right, if applicable, to opt out of the processing of your personal information for purposes of (1) targeted advertising; (2) the “sale” of your personal information (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
• If we are required by applicable law to obtain your consent to process sensitive personal information, the right to withdraw your consent;
• The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

We do not use or share your personal information in a manner defined as a “sale,” under any applicable state law. Further, we do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

To exercise your rights, please submit a request by email to emailing team@splashin.app or you may exercise rights through the App itself. If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the individual on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision by replying to the email you received from us in response to your request.

11. Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern.

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the effective date of this Privacy Policy, have collected the categories of personal information listed above in this Privacy Policy.

We collect personal information directly from California residents and, in limited circumstances, from phone and internet service providers, operating systems and platforms, and social networks. We do not collect all categories of personal information from each source.

In addition to the purposes stated above in the section “How We Use Your Personal information” we currently collect and have collected the categories of personal information for the following business or commercial purposes:

• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes;
• Debugging to identify and repair errors that impair existing intended functionality;
• Short-term, transient use, including, but not limited to, non personalized advertising shown as part of your current interaction with us, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services;
• Undertaking internal research for technological development and demonstration.

Sale and Sharing of Personal Information

The CCPA defines “sale” as the transfer of personal information for monetary or other valuable consideration. Splashin neither “sells” personal information as that term may be commonly interpreted, nor do we engage in online activities that may constitute a sale or a “share” of personal information under California law.

Disclosure of Personal Information

The following table identifies the categories of personal information that we disclosed for a business purpose in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed personal information:  

Category of Personal Information	Categories of Recipients
Name and contact information Account information Billing Information Geographic or location information Game play and scoring information Information contained in posts you may on the public forums and interactive features of the Service	Our affiliates and related companies Business partners, contractors, and channel partners, which are not considered affiliated companies
Name and contact information Account information Billing Information Geographic or location information Game play and scoring information Information contained in posts you may on the public forums and interactive features of the Service	The following recipients will only receive the stated categories of personal information based on the particular business purpose of the relationship: Third-party vendors or service providers providing crucial services and necessary to provide the Service Government agencies or other parties in response to legal process or other requests, where permitted by law

We disclosed your personal information for the business or commercial purposes stated in the section “How We Use Your Personal Information” For information about the purposes of specific data disclosures, please contact us as provided in this Policy.

We do not knowingly collect, sell, or share the personal information of consumers under 16 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive personal information or use it for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your personal information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your personal information:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, selling or sharing personal information (if applicable), the categories of third parties to whom we disclose personal information (if applicable), and the specific pieces of personal information we collected about you;
• The right to delete personal information that we collected from you, subject to certain exceptions;
• The right to correct inaccurate personal information that we maintain about you;
• If we sell or share personal information, the right to opt out of the sale or sharing;
• If we use or disclose sensitive personal information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure;
• The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by emailing us at team@splashin.app.

If you submit a request to delete online, you may be asked to confirm separately that you want your personal information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.  

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the personal information, we will ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your personal information. While we do not sell or share your personal information as defined in California law, you may contact us to exercise other rights as described in this Privacy Policy.

Right to Limit Use and Disclosure of Sensitive Personal Information

California residents have the right to limit our use or disclosure of their sensitive personal information for purposes other than those allowed by the CCPA and its regulations. While we do not collect sensitive personal information, you may contact us to exercise other rights as described in this Privacy Policy.

Notice of Financial Incentive

If a business provides a financial incentive or price or service difference in exchange for the retention or sale of a consumer’s personal information it must provide a notice of financial incentive in accordance with §999.307(b).

From time to time, you may have the opportunity to provide personal information in exchange for what California law may consider a financial incentive. For example, we may offer the opportunity for you to enter a contest via our social media channels that requires submission of your personal information, including videos which we may utilize for advertising purposes. Categories of personal information that we may collect to enter the contest include your name, basic contact information, and any information contained in your video submission.

        How to Opt-In and Right to Withdraw

By providing your personal information to receive a financial incentive, you affirmatively opt in to receiving the financial incentive and for use of your personal information consistent with the particular contest. You have the right to withdraw from the financial incentive at any time by emailing us at team@splashin.app. If you withdraw from the contest or request deletion of your video after the contest has concluded, we will not prevent you from receiving the financial incentive nor reduce the value of any financial incentives you previously received from us (i.e., if you received a financial incentive or other aware for winning the contest, you will not lose that financial incentive).

How the Financial Incentive is Reasonably Related to the Value of Your Personal Information

The financial incentive or price difference is reasonably related to the value provided by your personal information. We take into consideration, without limitation, the anticipated revenue generated from such information, the anticipated expenses which we might incur in the collection, storage, and use of such information, and the anticipated expenses which we might incur related to the offer, provision, and imposition of any financial incentive or price difference. Based on this analysis, the value of your personal information that allows us to make these offers and financial incentives is the value of the offer itself.

Shine the Light Law        

We do not disclose personal information obtained through our App or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

Erasure Law

If you are a California resident under the age of 18 and a registered user of the Services, California Business & Professions Code § 22581 permits you to request and obtain removal of content or information posted on the Services by you. If you wish to make a request, please contact us at team@splashin.app. Please be aware that removal does not ensure complete or comprehensive removal of the content or information posted on the Services by you and there may be legal reasons for denying your request.

12. International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By engaging with and providing personal information and other data that we may legitimately collect, process, use or transfer in connection with your relationship with Splashin, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

13. Notice to Residents of the EU, UK, Switzerland, and Other International Jurisdictions

If you are located in the EU, EEA, or a jurisdiction with a similar law, the GDPR or its local equivalent may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. We will retain your personal information for the length of time you engage with our services as described in the retention section of this Privacy Policy, until you request deletion of such personal information. Splashin is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the App or Services.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.
• The right of rectification. You have the right to have your personal information rectified or corrected if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order to make a request regarding your personal information, please contact team@splashin.app.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us as described herein to allow us to resolve the matter. In addition, depending on the jurisdiction in which you are located, you may have the option of submitting a complaint regarding the processing of your personal information to a regulatory authority. The following links may assist you in finding the appropriate regulator:

• In the UK, you have the right to lodge a complaint with the Information Commissioner (www.ico.org.uk).
• In Switzerland, you have the right to contact the Federal Data Protection and Information Commissioner (FDPIC).
• In the EU, you have the right to lodge a complaint with your local data protection authority. To find your local authority, you can check the list on the European Data Protection Board website (https://edpb.europa.eu/about-edpb/board/members_en).
• In Canada, you have the right to lodge a complaint with the Office of the Privacy Commissioner in Canada (Office of the Privacy Commissioner in Canada).

Legal Basis for Processing

If you are located in the EU, EEA, or a jurisdiction that requires a similar legal basis for processing, our legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• It is necessary for the performance of a contract between you and Splashin;
• You have given us consent to do so (in applicable jurisdictions);
• The processing is in our legitimate interest as the Controller, when that legitimate interest is not overridden by your rights;
• We must comply with the law.

14. How to Contact Us

To contact us for questions or concerns about our privacy policies or practices, please email us at team@splashin.app or you may contact us via other methods available in the App.