Last updated: 16 December 2015
Change log: Only relevant for users who installed "Effectify for Messenger" via Google Play between 16th of July and 5th of October, 2015. Reference to Axewave Analytics was removed, as this tool is no longer used. Update to the latest version of Effectify for Android to automatically opt out.
1. Non-personal data
Apptly may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Apptly to identify you. The types of non-personal data Apptly may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) app progress, time used, and achievements; (vi) (vi) other non-personal data as reasonably required by Apptly to enhance the Services and other Apptly products and services.
Apptly may use Flurry analytics tool in order to develop and analyze use of the Services. If you wish to opt-out from Flurry analytics, please follow this link: http://www.flurry.com/resources/privacy.html.
Apptly may use and disclose to Apptly’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Apptly services and products.
You recognize and agree that the analytics companies utilized by Apptly may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Apptly may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.
2. Ad Serving Technology
You recognize and agree that the advertising companies who deliver ads for Apptly may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Apptly takes commercially reasonable steps to instruct such advertising companies to comply with the
3. Location Data
4. Personal Data
Likely situations when you make personal data available to Apptly include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) using “tell a friend,” "email this page," or other similar features; (v) requesting technical support; and (vi) otherwise through use of Apptly Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data Apptly may collect, process and use may include, but are not limited to your name, screen/nick name, Apptly Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image; and location (only if directly identifiable to you, otherwise Apptly treats location as non-personal data).
If you choose to use Apptly’s "tell a friend" or a similar service about Apptly Services or order a gift certificate for your friend, Apptly may store your friend's name and contact details that you provide to Apptly.
Apptly may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer
and technical support, managing and providing Services (including managing advertisement serving), customizing Apptly’s communications and to further develop the Services and other Apptly services and products. Apptly may combine non-personal data with personal data.
Apptly may use your personal data to send messages to you with informative and/or commercial content about Apptly’s services or third party products and services Apptly thinks may be of interest to you, such as new features and services, special offers and updated information.
We will periodically send you free newsletters and e-mails that directly promote the use of our website, products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive.
5. Disclosure and Transfer of Personal Data
Apptly. Apptly is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
Apptly may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Apptly to legal liability. Apptly may also disclose your personal data to third parties when Apptly has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Apptly’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Apptly believes that such disclosure is necessary to protect Apptly’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Apptly. To the extent permitted by applicable law, Apptly will make reasonable efforts to notify you of such disclosure through Apptly’s website or in another reasonable manner.
6. Data Retention and Correctness
Irrespective of the above, Apptly may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Apptly user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
7. Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Apptly is not liable for any such third party terms and conditions and their use of your personal data.
Apptly may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Apptly. Apptly is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Apptly is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
Please be aware of the open nature of certain social networking and other open features of the Services Apptly may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Apptly is not responsible for any personal data you choose to make public in any of these forums.
If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Apptly encourages parents and/or guardians to play an active role in their children's online experience at all times. Apptly does not knowingly collect any personal information from children under 13 years of age and if Apptly learns that Apptly has inadvertently gathered personal data from children under 13 years of age, Apptly will take reasonable measures to promptly erase such personal data from Apptly’s records.
10. Further information
Apptly ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.