Apps Privacy

CUPCAKEDIGITAL.COM PRIVACY POLICY

LAST UPDATED 08/20/14

www.cupcakedigital.com/appsprivacy

WELCOME TO cupcakedigital.com

By publishing this Privacy Policy (“Privacy Policy”), Cupcake Digital, Inc. (“Cupcake Digital”, “CDI”, “we”, “us”, or “our”) is demonstrating its commitment to providing quality mobile applications (“Apps”), while promoting the privacy of our Users. This Privacy Policy has been created to inform you about what information we collect from Users, how it is used and stored, circumstances under which we may disclose that information, and your choices concerning that information.

INTRODUCTION

Cupcake Digital, Inc.’s Apps, games, content, or services (collectively, the “Service”) are intended for use by the whole family, including young children with parental participation and supervision. CDI recognizes the importance of protecting any information collected from the Users (each a “User” or collectively, “Users”) of its Service, and has adopted this Privacy Policy to inform its Users about the types of information we gather and how we may use that information, whether any information is disclosed to anyone, and the choices a User has regarding use, correction and deletion of the information. Children only have access to the Apps. Other than such access to the Service and its content, there is no interaction by the children with the Apps which results in the collection of any personal information. Users identifying themselves as adults (and confirming such identification by properly answering a question, using passwords or other controls) are the only Users who have access to certain areas of the Apps where such interaction occurs (“Gated Areas”) and, accordingly, adults are the only Users who may establish the link to external app stores, use the Social Networking Plug In, provide email feedback, or Rate the App in which any personal information may be obtained.

If you do not wish to be bound by this Privacy Policy, please do not download, access or use the Service. Your agreement with us regarding compliance with these terms of the Service becomes effective immediately upon commencement of your use of this Service.

Cupcake Digital maintains offices at 30 Irving Pl, 10th floor, New York, NY 10003, 866-865-1464, and may be contacted by mail or by email at privacy@cupcakedigital.com should you wish to discuss this Privacy Policy or any other matter of interest or concern.

EFFECTIVE DATE

This Privacy Policy applies to any and all information that a User may have obtained from or provided to CDI. CDI reserves the right, from time to time and in compliance with applicable law should such changes occur, to change, modify, amend, add, subtract, or otherwise remove portions of its Privacy Policy at any time. You may always check the Privacy Policy at any time by visiting www.cupcakedigital.com/appsprivacy for any changes but, when required by law, we will advise you of such changes. Such modifications will be effective immediately, and will apply to your continuing use. Use of any of our Apps after the posting of any amendments, deletions or other changes to the Privacy Policy will constitute acceptance, acknowledgment and agreement to the respective changes. If you do not agree to the terms of this Privacy Policy, you may not use and/or access the Service. If we make any material changes in the way we collect or handle personal information collected from children (if applicable), we will first obtain the appropriate form of prior verifiable parental consent. See next paragraph for our practices regarding children.

CHILDREN’S PRIVACY: PERSONAL INFORMATION IS NOT COLLECTED FROM CHILDREN

We intend that our Apps adhere to the Children’s Online Privacy Protection Act (COPPA) and related guidelines. CDI will not collect personal information from children under the age of 13 without obtaining prior, verifiable parental consent. At the present time and as described in this Privacy Policy, CDI does not collect any personal information from children under the age of 13 or condition a child’s participation with the Apps on collection of personal information. For this reason, we do not currently offer a mechanism for parents to review, delete, or request that we stop collection or use of their children’s personal information, as we do not currently collect such information.

USER DATA: USER DATA MAY BE COLLECTED BUT USER DATA IS NOT PERSONAL INFORMATION

“User data” means information CDI collects about the use of Cupcake Digital Apps that does not directly identify a User. This is non-personal data CDI collects from the User upon install of the Service. Such data is used in support of internal operations and for analytics purposes, which may require the reproduction and display of such information in an aggregated manner such that will not in any way include personal information, and only involves the type of information described below.

The Apps contain links to social networking sites, as well as an email link to contact us, and external links to external app stores to permit Users to rate or purchase additional CDI Apps. These sites are intended to be accessed by and for parents, and are located within Gated Areas accessible only in the Help section or on the main menu page of the App. Should CDI learn that a child under the age of 13 has sent User Data to CDI through one of these links, CDI will promptly delete and make no further use of such User Data.

Please note that a pixel is embedded in the Apps. A “pixel” is an electronic image that allows CDI to collect anonymous data to help us understand downloads by device. The pixel collects non-personal handset data including an identifying mechanism for your device (UDID) and phone or tablet model information. This information is utilized in support of internal operations and for analytics purposes to provide CDI with information about what Apps have been downloaded onto what types of devices, and from what links those downloads originated from. There is no personal information collected. In addition, CDI may also use other tools or third party analytical software to automatically collect and use certain non-personal data including, but not limited to UDID, device type, operating system, software and firmware. The Service may use pixel tags that collect non-personal data. If CDI uses third parties to assist CDI in analysis of the Apps, CDI requires that such third parties comply with COPPA in accordance with applicable law.

ADULT USERS CHOOSE TO SHARE PERSONAL INFORMATION FOR CERTAIN FEATURES

A User may choose to make personal information available to CDI by, for example: (i) completing registration for the Service, for contests and for special events; (ii) accessing the Service using a third party ID, such as social networking sites; (iii) subscribing to newsletters; (iv) subscribing to alerts; (v) using “tell a friend,” “Share,” or other similar features, if available; (vi) requesting technical support; and (vii) otherwise through the use of any CDI dedicated e-mail where personal data is required for use. As with respect to User Data described above, these features are offered in a Gated Area and on our website/s which are intended for parents, and if we are made aware that data from children under 13 is collected, CDI will promptly delete and make no further use of such personal information. If a User contacts CDI by email, CDI will use the personal information only to respond to the specific inquiry and then delete that information.

DISCLOSURE TO THIRD PARTIES AND FOR OTHER PURPOSES

At all times, information provided to CDI may be required to be disclosed in support of internal operations and for analytics purposes, and in accordance with applicable legislation and this Privacy Policy. CDI may disclose a User’s personal information to third parties as required by law enforcement or other government officials in connection with an investigation of crimes or other activity that is illegal or may expose a User or CDI to legal liability. CDI may also disclose a User’s personal information to third parties when CDI has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with CDI’s rights, property, operations, Users or others who may be harmed or may suffer loss or damage, or CDI believes that such disclosure is necessary to protect CDI’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on CDI. To the extent permitted by applicable law, CDI will make reasonable efforts to notify affected Users of such disclosure through CDI’s website or in another legally permissible manner.

THIRD PARTY TERMS AND CONDITIONS

A User’s access to and use of the Service may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line gaming platforms, social networking service and payment providers. These are provided in Gated Areas and are to be used only by parents.

CDI may in its discretion make available links in the Apps through advertisements, on our website or otherwise enable Users to access third party products or Service. Note that CDI’s linking to those products or Service in the Apps does not constitute its sponsorship of, or affiliation with, such third parties.

Certain features of the Service that CDI may offer, such as social networking, may use third party Service to provide authentication for the Service with a social networking ID or network account are solely available within the Gated Areas. A User who uses or connects to a CDI Service or downloads a Apps by or through a third party platform, or utilizes social networking sites such as Facebook or Twitter, consents to CDI’s access to and/or collection of certain information from the third party platform profile/account (such as his or her Facebook account) or via any cookies placed on the User’s device by such third party platform as permitted by the terms of the agreement and the User’s privacy settings with the third party platform. CDI may share such information with the third party platform for its use as permitted by the terms of the agreement and the User’s privacy setting with the third party platform.

DATA RETENTION AND ACCURACY

CDI only retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter, if such data is no longer needed for purposes specified in this Privacy Policy, CDI deletes all such data in its possession within a timeframe reasonable for its operational requirements. When necessary, CDI may retain data to the extent such retention is necessary to resolve disputes, enforce CDI User agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Service.

SECURITY

CDI follows reasonable and generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the confidentiality, security and integrity of the information in CDI’s possession in accordance with applicable law. Only those persons with a need to process Users’ data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to Users’ data in CDI’s possession. CDI stores all data and information in secure operating environments that are not accessible or available to the public. To prevent unauthorized on-line access to data, CDI data is maintained within a firewall protected environment. While CDI exercises reasonable care and due diligence in providing a secure conduit of information between a User’s computer or other device and its servers, CDI cannot and does not guarantee the security of materials or information transmitted to CDI or other Users over the Internet or through wireless connections. Therefore, while CDI will attempt to protect the transmission of any information using methods which comply with such reasonable industry standards, CDI does not accept liability for any unintentional disclosure of same.

FURTHER INFORMATION

If you have any questions, comments or concerns regarding this Privacy Policy and/or our practices, please email us at: privacy@CupcakeDigital.com.

PRIVACY COMPLAINTS

If you believe that we have not complied with this Privacy Policy, please contact us at privacy@CupcakeDigital.com or in writing at our offices and provide any details describing why you believe that that this Privacy Policy has been violated. We will investigate and respond to your complaint as promptly as possible under the circumstances.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

Individuals who reside in California and have provided their Personally Identifiable Information may request information regarding disclosures of that information. Such requests should be submitted to us at the following emailing address: caprivacy@CupcakeDigital.com or in writing at our offices.

This Privacy Policy was last updated on July 8th, 2014.

Cupcake Digital
30 Irving Pl
10th floor
New York NY 10003

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