SCENEHOUND PRIVACY POLICY

Effective as of 12:00 on May 3, 2016

 

            Privacy and data security are important to us at Scenehound.  We will never share personal information about our Users with third parties and we will not allow other social media platforms to connect with Scenehound and take such personally identifying information about our Users.

 

 1.  GENERAL PROVISIONS

 

1.1       Read Carefully; InterpretationPlease read this policy (the “Privacy Policy”) carefully.  It contains information regarding your legal rights, obligations, and remedies relating to your use of Scenehound (the “App”).  The Privacy Policy and all of its provisions and terms are to be read and interpreted in conjunction with Scenehound’s Terms of Use.

 

1.2       Scenehound.  Scenehound, L.L.C. (“Scenehound”), a Louisiana Limited Liability Company, operates the App as a social media platform and crowd finder that allows individuals and groups of people to see and rate the wait times, crowd sizes, atmospheres, and other information regarding bars and restaurants in real time through map-based searching (through Google Maps APIs or other third-party APIs that Scenehound may, in its sole discretion, choose to use).  Scenehound is not owned, operated, controlled, or sponsored by any bar, restaurant, or restaurant group.  It is a platform that enables individuals to craft a night out that suits their mood.

 

1.3       Parties to Whom the Privacy Policy Applies; Age.  This Privacy Policy applies to all parties who download the App on their computer, tablet, or mobile device (“Users”).  Downloading and/or opening the App constitutes “Use” for the purposes of this Privacy Policy.

 

1.3.1    Age; COPPA.  In compliance with the Childrens Online Privacy Protection Act (“COPPA”), Scenehound makes the following disclosure.  Scenehound will not knowingly collect personally identifiable information from any person under thirteen (13) years old.  The App is not intended to be used by or designed to attract the attention of persons under thirteen (13) years old.  By Use of the App you acknowledge, agree, and aver that you are thirteen (13) years of age or older.

 

1.4       Intent of the Privacy Policy.  This Privacy Policy is intended to inform you about how Scenehound treats Personal Information and Data and Aggregate Data collected from Use of the App.  Use of the App constitutes acknowledgement, agreement, and acceptance of all of the provisions contained in this Privacy Policy.  If you do not agree to any part or provision of this Privacy Policy, you have no right to access the App and should delete the App from your computer, tablet, or mobile device.  Scenehound pledges to be transparent about the Personal Information and Data and Aggregate Data that is monitored or collected from Users, and will update this Privacy Policy as necessary to reflect changes in the Terms, applicable laws, or necessities of commerce.

 

1.4.1    Personal Information and Data.  “Personal Information and Data” includes any and all information relating to a User that will allow that User to be individually identified, such as the User’s name and email address, which comes into the possession of Scenehound through the Use of the App.

 

1.4.2    Aggregate Data.  “Aggregate Data” includes data generated by a User’s Use of the App, including that User’s gender, location, time of Use, ratings and other interactions with the App’s features (“Activity”), and age.  Aggregate Data is not personally identifiable, and will not be used to personally identify a User unless required  under § 4.4 of this Privacy Policy.  Aggregate Data will only be used in aggregate as statistical and demographic information.

 

1.5       Updates.  This Privacy Policy was last updated on the date and at the time set forth above and applies to all Use of the App from that date and time.  Scenehound may occasionally amend this Privacy Policy in its sole discretion, or to reflect regulatory requirements, changes in the law, advances in technology, changes to the App, changes to our policy regarding disclosure of Personal Information and Data and/or Aggregate Data, and/or changes in the types of data collected or methods of collection.  By your use of the App following an update, you agree to be bound by the updated Privacy Policy, so you should regularly return to this page to view the most up-to-date Privacy Policy.

 

1.6       Securing Personal Information and Data and Aggregate Data.  Though Scenehound strives to implement the best administrative and technical security measures to protect Personal Information and Data and Aggregate Data against unauthorized access, use, duplication, or alteration, there is no method of internet communication, transmission, or storage of information and/or data that is 100% secure.  Thus, Scenehound cannot and does not guarantee or warrant the absolute security of Personal Information and Data and Aggregate Data.  All Users should take the utmost care to protect their Personal Information and Dataand should not share such information with another User. SCENEHOUND EXPRESSLY WAIVES ANY AND ALL LIABILITY FOR THE CONSEQUENCES OF OR DAMAGE RESULTING FROM THE UNAUTHORIZED ACCESS, USE, DUPLICATION, OR ALTERATION OF PERSONAL INFORMATION AND DATA.

 

2.  TYPES OF INFORMATION AND DATA COLLECTED AND/OR AGGREGATED

 

2.1       User Consent.  By Use of the App, all Users consent to the reception, collection, storage, aggregation, and processing of Personal Information and Data and Aggregate Data by Scenehound, including, but not limited to, all types of Information and Data expressly identified in this Privacy Policy.

 

2.1.1    Scenehound’s Use of Personal Information and Data and Aggregate DataScenehound will never sell, transfer, transmit, share, or exchange (collectively, “Transfer”) Personal Information and Data about its Users to third parties, unless required under § 4.4 of this Privacy Policy.  Scenehound reserves the right to Transfer Aggregate Data, which contains no personally identifying information, to third parties.

 

2.2       Data and Information Gathered.  Use of the App, by necessity, involves the use of personal information such as a user’s location, age, name, and gender.  This Aggregate Data will be collected by Scenehound for aggregation, and will not be used by Scenehound to personally identify any Users, unless required under § 4.4 of this Privacy Policy.

 

2.3       Third Parties and Data; Social Media.  Scenehound, by design, does not link with other social media platforms like facebook, twitter, or instagram so that Personal Information and Data will not be collected by those third parties.  Other applications on your phone are governed by their own privacy policies, and Scenehound makes no representations or warranties regarding the data collection practices or policies of those applications.

 

2.4       Manual or Automated Collection, Storage, and Processing; Employee Access.  The collection, storage, and/or processing of any Personal Information and Data and/or Aggregate Data may be done through the use of automated technologies or by manual review by individual employees, members, officers, or independent contractors of Scenehound.

 

2.5       Phishing.  If you receive an unsolicited email that purports to be from Scenehound, any Scenehound User,  any Scenehound member(s), officer(s), director(s), employee(s), or any of Scenehound’s business partners, that requests Personal Information and Data, financial information (such as your credit card number or bank account number), Social Security number, or location, or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your Personal Information and Data, sometimes referred to as “phishing."  Scenehound does not require most of this information, and would never request this type of information via email.  Do not provide the information or click any links in the email.  Please alert Scenehound to the phishing attempt.

 

3.  PURPOSE OF INFORMATION AND DATA

COLLECTION, STORAGE, AND PROCESSING

 

3.1       Primary Purpose.  Scenehound will use User data to improve the App and the User’s experience with it, and aggregates data to better understand who is Using the App.

 

3.2       Non-Exhaustive List of Purposes of Information and Data Use.  The following is a non-exhaustive list of the purposes for which Scenehound collects, stores, and processes its Users’ information and data:

 

3.2.1    To serve as a crowd finder and social media platform that helps Users better enjoy a night out and decide which bars and restaurants to visit;

 

3.2.2    To gather accurate demographic information to more effectively meet and predict Users’ wants and needs;

 

3.2.3    To contract with third parties for any purpose, exclusive of the Transfer of Personal Information and Data;

 

3.2.4    To send messages to Users from time to time, including, without limitation, information on updates to the App, this Privacy Policy, and/or the Terms, and promotional information; and

 

3.2.5    To enforce the Privacy Policy and/or Terms;

 

3.3       Newsletters.  Scenehound may, in its sole discretion and from time to time, send newsletters to Users based on preferences and trends seen in information and data that was collected from that User or other Users.  These emails may be sent through a third party with which Scenehound has contracted, and that third party may have access to Users’ email addresses for the sole purpose of distributing these emails.  Additional data and/or information may be collected, stored, and processed through any such newsletters or emails.  Your receipt of these newsletters is not mandatory, and you may opt out of receiving these emails and newsletters at any time.

 

4.  DISCLOSURE OF DATA

 

4.1       Disclosure Overview.  Scenehound will never Transfer Users’ Personal Information and Data to third parties, with the exception of situations covered by § 4.4 of this Privacy Policy.  Scenehound may, in its sole discretion, Transfer Aggregate Data. By Use of the App, you acknowledge, consent, and agree that Scenehound may Transfer Aggregate Data it collects, stores, and processes in any manner that still protects Users’ privacy, including, but not limited to, any of the means referenced herein.

 

4.2       Sale or Merger.  Scenehound expressly reserves the right to Transfer Aggregate Data for the purposes of advancing Scenehound’s business or pursuing sale of Scenehound to, or merger of Scenehound with, a separate entity.  Such sale or merger of Scenehound may entitle the purchasing or newly created entity to possess, and access Users’ Personal Information and Data, and subject such Personal Information and Data, and other information and data on the users, to that entity’s own privacy policy, which may differ from this Privacy Policy.  If Scenehound is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then Scenehound may sell, transfer, or share some or all of its assets, including any cache of Personal Information and Data and Aggregate Data collected from Users.  In any such event, Users will receive notice that their information and data might be subject to a new and/or different Privacy Policy.

 

4.3       Legal Action; Enforcement of Terms or Privacy Policy.  In the event that any party makes a claim against Scenehound, or pursues legal action (including, without limitation, the filing of a lawsuit), Scenehound shall have the right to turn over any and all Personal Information and Data and/or Aggregate Data to its legal counsel and their affiliated parties.  In the event Scenehound is forced to pursue any action to enforce the Terms or the Privacy Policy, Scenehound shall have the right to turn over any and all Personal Information and Data and Aggregate Data to its legal counsel and/or any parties or entities hired to handle the enforcement action.

 

4.4       Necessary Disclosures.  By Use of the App, Users acknowledge and agree that Scenehound may disclose any and all information and data if required to do so by law or in a good faith belief that such collection, storage, processing, or disclosure is reasonably necessary to:

 

4.4.1    Respond to or address any pending or ongoing to civil or criminal claims or complaints asserted against or involving Scenehound;

 

4.4.2    Comply with legal proceedings, including, without limitation, responding to subpoenas or warrants;

 

4.4.3    Enforce and administer Scenehound’s agreements (e.g. the Privacy Policy) with Users and third parties;

 

4.4.4    Prevent fraud, assess security risks, investigate any claims or issues involving the App or Scenehound, provide customer support, develop new products and/or revenue streams, and debug the App; or

 

4.4.5    Protect the rights, property, or personal safety of Scenehound, its members, managers, directors, officers, and employees, the App’s Users, and the general public.

 

4.5       Law Enforcement Requests.  Scenehound shall make commercially reasonable efforts to notify Users about law enforcement requests for their data and any disclosures, unless Scenehound has a good faith belief that:

 

4.5.1    Providing notice is prohibited, including, without limitation, by the legal process, court order, or applicable law;

 

4.5.2    Based on information supplied by law enforcement, Scenehound, in its sole discretion or that of law enforcement, believes: providing notice would create a risk of injury or death to an individual or group of individuals, the case involves potential harm to minors, and/or that the harm or fraud could be directed at Scenehound or its members, managers, officers, directors, or the App.

 

4.6       Disclosures to Members.  Scenehound will not disclose Personal Information and Data or Aggregate Data to other Users, though a User may request to see what Aggregate Data Scenehound has collected of the User and Scenehound will make a reasonable effort to respond within a reasonable time.

 

4.7       Activity on the App.  Users of the App interact with it and with other Users by providing real time ratings, rankings, and wait times on bars and restaurants and their overall atmosphere.  Though this Activity will be updated in real-time to enable other Users to make better informed decisions about places to visit on a given evening, no information about the User (i.e., the User’s name, email address, age, gender, or location) will be shared with other Users.

 

4.8       IndemnityUsers agree, by their use of the App, to defend, indemnify, and hold harmless Scenehound and any of its managers, members, directors, officers, agents, and employees from and against any and all liability, costs, and expenses, including, but not limited to, attorneys’ fees and defense costs, and claims for damages of any nature whatsoever, whether known or unknown, which Scenehound may incur, suffer, or become liable or which may be claimed or asserted against Scenehound as a result of any acts, errors, and omissions arising out of Use of the App..

 

5.  MISCELLANEOUS

 

5.1       Titles.  Any and all titles of parts and subparts of this Privacy Policy are merely for convenience of Scenehound and any User of the App, and are not intended to limit in any way the terms and provisions that follow the title.

 

5.2       Editing or Deactivating Scenehound Account.  Any User may edit or deactivate their Scenehound account through the settings in the App or deleting the App from their computer, tablet, or mobile device.