Privacy Policy
1. Overview
This Privacy Policy sets forth the policy of Simplexity Software LLC (“we”, “us”, “our”) with respect to information that can be associated with, or which relates to, a person, and/or could be used to identify a person (“Personal Data”), that is collected from users (“Users”, “you”, “your”) of the kiddo and/or kiddo Creator mobile applications and websites (“Services”). We take the privacy of your Personal Data seriously. Please read this Privacy Policy in full, as it includes important information regarding your Personal Data and other topics.
“Anonymous Data” is any information that does not relate to a person and/or cannot be used to identify a person. When you use and interact with the Services, we may collect Anonymous Data. The policies, limitations, and requirements set forth herein regarding our collection, use, disclosure, transfer, storage, and retention of Personal Data do not apply to Anonymous Data.
2. Personal Data We Collect
When you use and interact with the Services, we collect Personal Data when you voluntarily provide such information, such as when you create an account in the Services, contact us with inquiries or comments, respond to one of our surveys, or browse or use certain parts of the Services. The Personal Data we collect may include, for example and without limitation, your first name, your last name (surname), your email address, your location, and any other information that you choose to provide and/or that enables Users to be personally identified.
If you are a “Creator”, meaning you are a User who establishes, edits, or otherwise manages an Organizer or Contributor in the Services, and/or creates, posts, edits, promotes, or otherwise manages happenings on behalf of an Organizer or Contributor in the Services, we may collect additional Personal Data from you. This may include, for example and without limitation, your phone number, your website, your social media profiles, and any other information that you choose to provide and/or that enables Creators to be personally identified.
If you engage with our team, we may collect additional Personal Data, such as your first name, your last name (surname), your email address, your postal address, your phone number, and/or your other contact information. If you meet with our team virtually or in person, and consent to recording that meeting, we may collect audio and/or video recordings of you, as well.
We may also collect or receive, intentionally or unintentionally, Personal Data from third-party sources, such as Organizers, Contributors, other Users, social media integrations or other third-party integrations, or other third parties.
We also automatically collect certain technical data that is sent to us from the computer, mobile device, and/or web browser through which you access the Services (“Automatic Data”). Automatic Data includes, without limitation, a unique identifier associated with your access device and/or web browser (including, for example, your Internet Protocol [IP] address), characteristics about your access device and/or web browser, statistics related to your activities using and interacting with the Services, information about how you came to the Services, and other data collected through cookies, pixels / tracking tags, local shared objects, web storage, and other similar technologies. We and our third-party vendors use such technologies to collect information on a real-time basis about how you use, interact with, and navigate the Services. This may include information about your usage behavior, screen visits, taps and movements, filter selections, searches, and other similar activities. The information (including your IP address) collected by these technologies will be disclosed to, or collected directly by, these vendors, who use the information to help us evaluate your use of the Services. Some of this Automatic Data may constitute Personal Data, and some may constitute Anonymous Data.
3. How We Use Personal Data
We collect Personal Data and use Personal Data in a manner that is consistent with this Privacy Policy and applicable privacy laws. We may use Personal Data in the following ways:
Specific Reason: If you provide Personal Data for a certain purpose, we may use such information in connection with the purpose for which it was provided. For example, if you contact us via email, we may use the Personal Data you provide to answer your question or to address your comment, and will respond to the email address from which the contact came.
Access and Use: If you provide Personal Data in order to use and interact with the Services, we will use your Personal Data for such purpose, and to analyze your use of and interactions with the Services. For example, if you supply your Personal Data in order to use certain features of the Services, we will use that information to make a decision as to whether to grant you access to the Services, and to assess your ongoing qualification to use the Services.
Internal Business Purposes: We may use Personal Data for internal business purposes, including, without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify, or address wrongdoing, to enforce our various Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
Research and Understanding: In an ongoing effort to better understand and serve our Users, Creators, Organizers, and Contributors, we sometimes conduct research related to User and/or Creator demographics, interests, and behaviors based on Personal Data and other information we have collected. This research is typically conducted using aggregated Personal Data, Anonymous Data, and/or Automatic Data in a manner that does not identify any individual User or Creator. Once in an aggregated form, for purposes of this Privacy Policy, such information becomes Anonymous Data in whole and in part.
Marketing, Advertising, and Promotion: We may use your Personal Data for marketing, advertising, and promotion purposes, including, without limitation, by email. We do this in order to inform you about information related to the Services, and/or using and interacting with the Services. See “Opt Out of Email Communications” below to learn how to opt out.
You may see advertisements for our Services in third-party applications or on third-party websites, including those belonging to social media platforms. When you see an advertisement in a third-party application or on a third-party website, this may be because we engaged the third party to show the advertisement to Users, or to others who have similar attributes to our Users. In some cases, this involves sharing your email address or other Personal Data with the third party so that they can identify you as one of our Users, or identify other individuals with similar attributes to you in order to show them advertisements for our Services. If you no longer want your Personal Data to be used for these purposes, please contact us at privacy [at] simplexitysoftware [dot] com.
Recommendations: We sometimes make inferences about the type of happenings you may be interested in. We may use these inferences to help target advertising to you, or customize recommendations for you. We may do this on an aggregated or generalized basis, as well. For example, we may determine that Users who show interest in parades also often show interest in festivals, and we may direct (or assist in directing) content or recommendations related to both parades and festivals to those Users.
Other Purposes: There may be unanticipated uses of Personal Data not explicitly contemplated or covered by this Privacy Policy. We reserve the right to use Personal Data in a manner that is consistent with the content, tone, and spirit of this Privacy Policy, even if such use is not specifically enumerated herein. If we intend to use Personal Data in any manner that is not consistent with this Privacy Policy, we also reserve the right to obtain your consent subsequent to such collection but prior to such use.
4. How We Disclose and Transfer Personal Data
We are not in the business of selling Personal Data. We consider this information to be a vital part of our relationship with you, and as such, we will not sell your Personal Data to third parties, including third-party advertisers. There are certain circumstances under which we may disclose, transfer, or share Personal Data without further notice to you, as set forth below.
Business Transfers: As we develop our business, we may sell or buy other businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event (involving all or part of our business), Personal Data may be part of the sold or transferred assets. We may also disclose Personal Data in the course of due diligence for such an event. You acknowledge and agree that any successor to or acquirer of Simplexity Software LLC (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
Subsidiaries and Affiliates: We may also share Personal Data with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to maintain such Personal Data in accordance with this Privacy Policy.
Agents, Consultants, and Service Providers: We may share Personal Data with our contractors and service providers who process Personal Data on our behalf in order to perform certain business-related functions. These third parties may include, without limitation, marketing agencies, online advertising providers, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, customer support providers, technology support providers, hosting companies, and other similar entities. When we engage a third party to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
“Liking” or “Following” Us: When you “like” or “follow” us or one of our brands, or perform a differently named but equivalent action, on Facebook, Instagram, TikTok, and/or other social media or professional networking platforms (to the extent such a capability exists), we may collect Personal Data from you, including, for example and without limitation, your first name, your last name (surname), your email address, your profile name, username, screen name, or handle, and any comments or content you post relevant to us. We likewise may collect Personal Data if you participate in one of our promotions or submit information to us through or on such social media or professional networking platforms’ applications or websites.
Third-Party Services and Integrations: We may provide you with opportunities to contract directly with third parties, and/or to integrate with third-party services or applications, via the Services. In such instances, we will disclose your Personal Data to such third parties in order to fulfill a request by you, or to provide the services you have requested.
Legal Requirements: We may disclose Personal Data if required to do so by law, in order to, for example and without limitation, assist in a law enforcement investigation or respond to a subpoena or request from law enforcement or a court or government agency (including in response to public authorities to meet national security or law enforcement requirements). We may also disclose Personal Data in the good-faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests, or property, or those of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent or exigent circumstances to protect the personal safety of Users or the public, and/or (e) protect against legal liability.
5. How We Store Personal Data
We may store Personal Data ourselves, or Personal Data may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect Personal Data collected via the methods described in this Privacy Policy from loss, misuse, unauthorized use, unauthorized access, inadvertent disclosure, alteration, and destruction. That said, no network, server, database, or Internet or email transmission is ever fully secure or free from errors. Therefore, you should take special care in deciding what information you share with us or send to us electronically.
6. How You Can Update or Delete Your Personal Data
You may be able to edit some of your Personal Data directly via the Services. For example, you may be able to edit your first name, your last name (surname), and your primary location. Some of your Personal Data, such as your email address, you may not be able to edit directly via the Services. In certain cases and under certain conditions, such as, for example, when you do not have access to the Services but wish to update your Personal Data, you can email us at privacy [at] simplexitysoftware [dot] com to update your Personal Data, and we will consider your request in accordance with the context you provide and applicable laws.
You may be able to delete your Personal Data by following the “Delete Account” or similarly worded process in the Services (where available), or by emailing your request to privacy [at] simplexitysoftware [dot] com (each an “Account Deletion Request”). In the context of this section, “delete” and ”deletion” mean either anonymize, such that your Personal Data becomes Anonymous Data (with some possible exceptions, per the examples at the end of this paragraph), or remove. For legal, tax, regulatory, data integrity, and/or other legitimate and lawful business purposes, only some of your Personal Data will be removed from the Services after you initiate an Account Deletion Request; most of your Personal Data will be anonymized, such that it can no longer be directly associated with you, or used by third parties to identify you, thus rendering it Anonymous Data (again, with some possible exceptions, per the examples at the end of this paragraph). For example, after you initiate an Account Deletion Request, the name associated with any comments you have made on happenings may be changed to “Deleted User” or the like. Please note that if, for example, you explicitly write in a comment made on a happening, “My name is…”, such Personal Data will not automatically be anonymized after you initiate an Account Deletion Request. Similarly, any Personal Data you share in Happening Details (as defined in the full Terms of Service) will also not automatically be anonymized after you initiate an Account Deletion Request. If there are specific instances of your Personal Data persisting in this way after an Account Deletion Request is fulfilled, you can email us at privacy [at] simplexitysoftware [dot] com to delete such remaining Personal Data, and we will consider your request in accordance with the context you provide and applicable laws.
Please note that Personal Data provided outside of the Services, but nonetheless in the context of the Services, such as, for example, in a contest run on Instagram, will not be deleted after you initiate an Account Deletion Request. The handling of such Personal Data is governed by the privacy policies of third parties, not this Privacy Policy, and thus any request you may have to delete such Personal Data should be directed to such third parties.
7. How Long We Retain Your Personal Data
We may retain your Personal Data for as long as you use and interact with the Services, or for longer, including for an indefinite period of time. Even if we or you delete your Personal Data, it may persist on backup or archival media for an unspecified additional period of time for legal, tax, regulatory, and/or other legitimate and lawful business purposes.
8. Limiting the Personal Data You Provide
You can use and interact with the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or by limiting the Personal Data you do provide. If you choose not to provide any Personal Data, or limit the Personal Data you do provide, you may not be able to use certain features of the Services. For example and without limitation, in order to save, show interest in, report, and comment on happenings, as well as like and report comments, you must have an account, and creating an account requires you to share your Personal Data with us.
9. Opt Out of Email Communications
In accordance with your email subscriptions, we may send you email communications marketing or advertising, for example and without limitation, the Services or happenings, Organizers, and/or Contributors listed in the Services. You can opt out of receiving these email communications by managing your email subscriptions in the Services (where available), or by clicking the “unsubscribe”, “opt out”, or substantively equivalent link at the bottom of any such email communication.
Please note that it may take up to ten (10) days for us to process an opt out request. Even after you opt out of all email communications (if you choose to do so), we will retain your Personal Data in accordance with this Privacy Policy.
Certain email communications from us are responsive to your requests. For example, when signing in to the Services, you will receive an email with a link to complete the sign-in process. As another example, if you email us, we may return your email. Notwithstanding any opt out request you have made, you will still receive these transactional and/or responsive emails.
10. Exclusions
Personal Data Provided to Others: This Privacy Policy does not apply to any Personal Data you provide to another User through the Services, such as, for example and without limitation, in comments you make on happenings, or through any other means, including, for example and without limitation, directly to Organizers or Contributors.
Third-Party Links: This Privacy Policy applies only to the Services and related activities specified herein. The Services may contain links to other applications and websites not operated or controlled by us (“Third-Party Services”). The policies and procedures described in this Privacy Policy do not apply to Third-Party Services. Links from the Services do not imply that we endorse or have reviewed the Third-Party Services. We suggest contacting those Third-Party Services directly for information regarding their privacy policies and procedures.
Children – Children’s Online Privacy Protection Act (COPPA): We do not knowingly collect Personal Data from, nor are the Services intended for use by, children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s technology usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services. If you have reason to believe that a child under the age of thirteen (13) has provided Personal Data to us, please email privacy [at] simplexitysoftware [dot] com and we will make a good-faith effort to delete such information.
11. International Users
The Services are intended for use within the United States only. If you are using and interacting with the Services outside the United States, please be aware that you are sending information (including Personal Data) to the United States. That information may then be transferred within the United States or out of the United States to other countries outside of your country of residence or temporary international location, depending on the type of information and how it is stored by us and our vendors. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence or temporary international location. That said, our collection, use, and storage of Personal Data will at all times continue to be governed by this Privacy Policy.
12. Changes to This Privacy Policy
The Services and our business will evolve over time. As a result, it occasionally may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to at any time update or modify this Privacy Policy (which becomes the “Modified Privacy Policy”). Once in effect, the Modified Privacy Policy will be available in the Services with a change to the “Version” number and date at the bottom of this Privacy Policy. In certain circumstances, we may, but need not, provide you with additional notice of the changes reflected in the Modified Privacy Policy, such as via email or via notifications in the Services.
Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated below. Your continued use of the Services beginning on the date listed at the bottom of any Modified Privacy Policy constitutes your acceptance of the changes reflected therein. If any change to this Privacy Policy or any Modified Privacy Policy is not acceptable to you, you should stop using and interacting with the Services.
13. Dispute Resolution
If you have a concern or complaint about this Privacy Policy or our privacy practices, you may email us at privacy [at] simplexitysoftware [dot] com. We will take reasonable steps to attempt to resolve your concern or complaint.
Version 1.0 • January 1, 2024