Effective as of August 25, 2017
III. Information Collection and Use. BottleCapps respects your privacy and is committed to protecting the personally-identifiable information we collect from you as you access and use the App. When you access or use the App, the App will automatically collect certain information, such as your IP address and GPS location. By accessing or using the App you are also agreeing to allow the App to directly call phone numbers, take pictures and videos, access your location via GPS, read the contents of your SD card, and modify or delete the contents of your SD card. When you use the App, you represent and warrant that you understand that BottleCapps and your Retailer will have access to the User Information that you Share with the App, and that BottleCapps, your Retailer, and other Users will have access to certain portions of Your Content that you Share via the App and may use and store such Content. By Sharing Your Content and your User Information via the App, you represent and warrant that you understand that BottleCapps may Share such Content with your Retailer, other Users, and any third party BottleCapps deems necessary or as required by applicable law or by proper legal, governmental, or regulatory authority. The User Information that you voluntarily provide via the App may be used by BottleCapps and your Retailer for administrative purposes; for demographic analysis; for authentication purposes; to properly operate, maintain, and provide you with the features and functionality of the App and the System; to customize and personalize features for you and otherwise enrich your experience when using the App and the System; to enable our affiliates to assist us in operating, maintaining, and providing products and services to you; to enable us to carry out our obligations arising from any contracts and subscriptions you entered into with BottleCapps or your Retailer; to notify you about changes to the Agreement, the App, the System, BottleCapps, or your Retailer; to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of the App, the System, or any BottleCapps IP; to investigate allegations of fraud or violations of the Agreement; to enforce or apply our rights under the Agreement or any cause of action at law or in equity; or to protect the rights, property, or safety of any of our Users, your Retailer, our affiliates, or other parties; to improve the quality and design of the App and our services; and to create new features, promotions, functionality, and services by storing, tracking, and analyzing your preferences and trends. Additionally, the Content that you share may be used by BottleCapps to determine your product and service preferences and tailor marketing of similar products and services to you and for demographic analysis.
IV. Security of Information. BottleCapps maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your User Information and Your Content. BottleCapps is constantly seeking to improve the App, the Console, and the System and how the App, the Console, and the System Shares your User Information and Your Content. We cannot, however, ensure or warrant the security of any such information you Share via the App and you do so at your own risk. Once we receive your User Information and Your Content, we make commercially reasonable efforts to ensure the security of our systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. “Perfect security” does not exist on the Internet, and your use of the App is at your own risk.
V. Children. PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. THE APP IS NOT DIRECTED TO PERSONS UNDER TWENTY-ONE YEARS OF AGE. IN ACCORDANCE WITH THE RELEVANT LAW BOTTLECAPPS DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER THIRTEEN (13) YEARS OF AGE. IF BOTTLECAPPS LEARNS THAT PERSONALLY IDENTIFIABLE INFORMATION OF PERSONS LESS THAN THIRTEEN (13) YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH THE APP, THEN BOTTLECAPPS WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THIRTEEN (13) YEARS OF AGE WHO HAS PROVIDED US WITH PERSONALLY IDENTIFIABLE INFORMATION, THEN PLEASE CONTACT US AT INFO@BOTTLECAPPS.COM TO HAVE THAT INFORMATION DELETED IMMEDIATELY.
VI. Linked Sites. The App may include Linked Sites. Linked Sites are provided for your convenience and information only. BottleCapps does not control the availability and content of Linked Sites. Access to and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk. These Linked Sites may collect your personally identifiable information and BottleCapps has no control over this collection of personally identifiable information by Linked Sites. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
VII. Events Outside of Ordinary Business Practices. IN CONNECTION WITH AN EVENT OUTSIDE OF BOTTLECAPPS’ ORDINARY BUSINESS PRACTICES, INCLUDING BUT NOT LIMITED TO A SALE, MERGER, CONSOLIDATION, CHANGE IN CONTROL, TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION, OR LIQUIDATION, BOTTLECAPPS RESERVES THE RIGHT TO TRANSFER, SELL, OR ASSIGN THE INFORMATION THAT BOTTLECAPPS HAS COLLECTED. BOTTLECAPPS ALSO RESERVES THE RIGHT TO DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE APP OR ANY OTHER BOTTLECAPPS IP IN THE GOOD-FAITH BELIEF THAT IT IS REQUIRED TO DO SO PURSUANT TO JUDICIAL OR OTHER GOVERNMENTAL SUBPOENAS, WARRANTS, OR ORDERS, OR TO DISCLOSE SUCH DATA TO A GOVERNMENTAL INSTITUTION THAT HAS ASSERTED ITS LAWFUL AUTHORITY TO OBTAIN THE INFORMATION. BOTTLECAPPS ALSO RESERVES THE RIGHT TO DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE APP OR ANY OTHER BOTTLECAPPS IP THAT BOTTLECAPPS BELIEVES, IN GOOD FAITH, IS APPROPRIATE OR NECESSARY: TO TAKE PRECAUTIONS AGAINST LIABILITY; TO PROTECT BOTTLECAPPS FROM FRAUDULENT, ABUSIVE, OR UNLAWFUL USES; TO INVESTIGATE AND DEFEND BOTTLECAPPS, BOTTLECAPPS IP, OR BOTTLECAPPS’ AFFILATES, OFFICERS, MANAGERS, MEMBERS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, RETAILERS, AND SUPPLIERS AGAINST THIRDPARTY CLAIMS OR ALLEGATIONS; TO ASSIST GOVERNMENT ENFORCEMENT AGENCIES; TO PROTECT THE SECURITY OR INTEGRITY OF THE APP, THE SYSTEM, OR ANY OTHER BOTTLECAPPS IP; OR TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF BOTTLECAPPS OR BOTTLECAPPS’ AFFILATES, OFFICERS, MANAGERS, MEMBERS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, RETAILERS, OR OTHER THIRD PARTIES.
VIII. NON-U.S. USERS. FOR USERS FROM THE EUROPEAN ECONOMIC AREA OR OTHER NONU. S. TERRITORIES, PLEASE NOTE THAT ANY CONTENT YOU VOLUNTARILY SHARE WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY US FOR ANY OF THE PURPOSES DESCRIBED HEREIN.
XII. Notices. All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing by email: a) to BottleCapps at firstname.lastname@example.org; b) to you via the App or at the email address or phone number listed in Your Profile and shall be deemed received when transmitted and confirmation of delivery or receipt is received.
XIII. Contact Information. Any comments, complaints, or requests for further information can be directed to email@example.com.