iconicChat
Policies and Agreements
(Privacy and Subscription Policies)
Last updated: January 16, 2022
iconicChat LLC (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit, purchase or use our website, apps and mobile application (the “Application”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS, PURCHASE OR USE THE APPLICATION.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and may include:
Personal Data
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.
Derivative Data
Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, including liking, re-blogging, or replying to a post, as well as other interactions with the Application and other users via server log files.
Financial Data
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Application. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our used payment processor(s), such as but not limited to, WIX, PayPal, Apple, Amazon Payments, Authornize.Net, Braintree Payments, Chargify, Dwolla, Google CheckOut, SafeCharge, Stripe, WePay, 2Checkout, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Facebook Permissions
The Application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
Data from Social Networks
The Application may by default access user information from social networking sites, such as but not limited to, Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application.
Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s such as bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
Push Notifications
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Application permission to access this information.
Data from Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
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Administer sweepstakes, promotions, and contests.
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Assist law enforcement and respond to subpoena.
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Compile anonymous statistical data and analysis for use internally or with third parties.
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Create and manage your account.
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Deliver coupons, newsletters, targeted advertising, and other information regarding promotions and the Application to you.
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Email you regarding your account or order.
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Enable user-to-user communications.
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Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
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Generate a personal profile about you to make future visits to the Application more personalized.
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Increase the efficiency and operation of the Application.
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Monitor and analyze usage and trends to improve your experience with the Application.
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Notify you of updates to the Application.
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Offer new products, services, mobile applications, and/or recommendations to you.
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Perform other business activities as needed.
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Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
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Process payments and refunds.
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Request feedback and contact you about your use of the Application.
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Resolve disputes and troubleshoot problems.
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Respond to product and customer service requests.
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Solicit support for the Application.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
Online Postings
When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
Offer Wall
The Application may display a third-party-hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in the Application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave the Application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
Social Media Contacts
If you connect to the Application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, e-mails or other communications from third parties, you are responsible for contacting the third party directly.
TRACKING TECHNOLOGIES
Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may also partner with selected third-party vendors, such as but not limited to, Google Analytics, Adobe Analytics, Clicktale, Clicky, Cloudfare, Crazy Egg, Flurry Analytics, Heap Analytics, Inspectlet, Kissmetrics, Mixpanel, and Piwik, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for the third-party vendor, such as but not limited to the following:
Digital Advertising Alliance Opt-Out Tool
Flurry Analytics Yahoo Opt-Out Manager
Google Analytics Opt-Out Plugin
Network Advertising Initiative Opt-Out Tool
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems [and our mobile applications] include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account or terminate your account by:
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Logging into your account settings and updating your account
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Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
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Noting your preferences at the time you register your account with the Application
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Logging into your account settings and updating your preferences.
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Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
SUBSCRIPTION POLICIES
Your subscription complies with all terms of this document. The Products are to be used as is and are NOT to be changed or reconstructed. The Products may be only resized to fit the requirements of your communication platform. Any other modification requirements shall be communicated with and provided only by iconicChatTM for a fee if deemed required and applicable.
Subscription Terms
Month to month
Your subscription begins as soon as your initial payment is processed. Your subscription is considered for unlimited time and will automatically renew each month without notice until you cancel. Your paid subscription provides you with the right of access and use our products and visual icons under then-current offers for the period of subscription only.
You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month upon renewal until you cancel. Right of access granted under these Terms is effective only upon payment of the subscription fees. iconicChatTM may terminate the subscription for any other reasons not included herein at this time and if it is unable to renew the subscription based on inaccurate or outdated credit card information.
During the course of your subscription, we may change the rates. We will notify you of any rate changes with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime through your account profile page.
Cancellation Terms
You can cancel your subscription anytime from your account profile page. Once you cancel your membership subscription, you will not lose your access immediately. Your service will continue until the end of that month’s billing period. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
Upon cancellation of your subscription, you will lose your right of access and use of our Products. You will cease the use of any of our Products and visual icons. You will also notify your customers, associates, and employees to cease their use by the corresponding termination date.
INTERPRETATION OF VISUAL INFORMATION
The visual products, iconicodes (icons), (“Products”) sold or provided to you are "as-is." iconicChatTM makes no warranty of any kind on the Products, in particular, there are no warranties of merchantability in general of fitness for any specific purpose, their meaning and their interpretation.
Liability of Usage
iconicChatTM shall not be held liable for any misunderstanding and misrepresentation of products and their intended meaning to the parties and any kind of damages resulting from their use and interpretation. In no event will iconicChatTM be liable to you or any other party for any special, consequential, indirect, incidental or similar damages, including any accidents, loss of property, loss of life, injury, lost profits, loss of business, interruption of business, loss of use, or loss of data, or for any claim or demand against the other party by a third party, even if the party has been advised, prior to such claim or demand, of the possibility of such damages, claims, demands or losses.
You shall indemnify and hold harmless iconicChatTM, its officers, directors, employees, agents, senior officials, subsidiaries and affiliates from and against any and all of iconicChat’s internal and external losses, claims, damages, liabilities, costs, expenses (including legal fees) and any other liabilities that are at any time asserted against or suffered by iconicChatTM, its officers, directors, employees, agents, senior officials, subsidiaries or affiliates based in whole or part upon Your use of the Products or Your acts or omissions to act. The terms of this Section will survive the expiration or termination of this Agreement.
INTELLECTUAL PROPERTY AND OWNERSHIP
The Products are copyrighted by iconicChatTM. iconicChatTM shall keep the intellectual property of the Products at all times. The subscription to our Products is not transferable. Ownership of the Products sold to you as a consumer is not transferable. Private or public Business Entities, Institutions, Corporations, Organizations (“Enterprise”) shall contact iconicChatTM to establish their proprietary terms and agreement if required.
CONTACT US
If you have questions or comments about this Privacy and Subscription Policy, please contact us:
iconicChat LLC
10205 Oxfordshire Rd.
Great Falls, VA 22066
703-473-7883