Effective Date: April 8th, 2020
DanceFight is a social video application owned and operated by Virtual Arts Inc. (“Company”, “us” or “we”), which lets you (“you”, “your” or “User”) express yourself through dance, challenge friends and community members to dance contests and allows community feedback and support for dancers (together with all products and services offered therein, the “App”). Company is committed to protecting the privacy of Users of the App, and has published this Privacy Policy to explain how Company treats Information that you submit to Company, or that Company collects from you, in connection with your registration for, access to, and/or use of the App. Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the App. If you do not agree to abide by this Privacy Policy, please do not access, use, or register as a User of, the App.
Please read this Privacy Policy carefully. By clicking “accept,” creating an account, and/or accessing or otherwise using the App, you agree to this Privacy Policy, and expressly consent to and accept the Information collection, disclosure and use practices described in this Privacy Policy. This Privacy Policy is governed by the Terms of Use (available at https://dancefightapp.com/terms) (“Terms of Use”), which includes all applicable disclaimers of warranties and limitation of liabilities.
1. INFORMATION WE COLLECT. In connection with your access, use, and/or registration as a User of the App, Company may collect the following information (collectively, “Information”):
2. USER ACCOUNTS; PUBLIC AREAS
In order to utilize the App, you are required to create a User Account as part of the registration process, which consists of information you choose to provide about yourself, including certain Personal Information, as well as the profile name you elect to use in connection with your User Account (“Profile Name”). Your Profile Name will be visible to all other Users of the App. You may edit certain information in your User Account via your User Account. If, in any case, you believe that an unauthorized User Account has been created about you, you can request for it to be removed by contacting us at feedback@dancefightapp.com.
As discussed in the Terms of Use, the App contains Public Areas that enable you to interact with other Users and upload your content to community-based features and/or services provided by the App. If you choose to communicate in, and/or upload User Content to, Public Areas, these communications and/or User Content may be publicly available to all, or certain specific, other Users of the App. Furthermore, if you choose to voluntarily disclose Personal Information in Public Areas, that information will be considered public information and the protections of this Privacy Policy will not apply.
3. INFORMATION ABOUT YOUR NETWORKS AND CONNECTIONS. If you allow us to access the contact information of your friends and connections through your mobile device or social media services, or if you “invite” a friend to join the App, we will collect information about these friends and connections, and track and share information about your and their use of the App. We will use the contact information you provide for your friends or connections for the limited purpose of sending the applicable invitation, link or other communication to your friend or contact, and/or suggesting friends or connections that you may want to connect with through the App, or as otherwise described in this Privacy Policy if your friend or connection elects to use the App.
4. INFORMATION COLLECTED BY THIRD PARTIES
4.1 Information Collected by Third Parties through Third Party Links and Content. The App may include links to other websites and other content from third party businesses. These third party businesses may use cookies, web beacons or other similar technology to collect information about you. Company does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while using the App (also please see Section 11.6 below for additional information about Online Advertising).
4.2 Payment Processors. The App may allow you to purchase premium services we offer for a fee, such as providing you with the ability to access premium content. We rely on third party service providers (“Payment Processors”) to process these payments on our behalf. When you make a payment, the payment information is transmitted directly to the Payment Processor, and we do not have access to it, and take no responsibility for it. However, our Payment Processor may provide us with information about you, such as your name, mailing address, phone number, email address, card type (i.e., Visa, Amex, etc.) and the credit card’s last four digits so we can comply with legal obligations that may apply to us.
4.3 Social Networking Services. The App may permit additional interactions between it and third party social networking services (each, an “SNS”) that will enable you to “like”, share or otherwise interact with App content through the applicable SNS. If you choose to “like” or share content from the App, or to otherwise interact with or share information from or via the App with an SNS or other third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of the App (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on the App, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective terms of use and privacy policies of those third parties.
5. HOW WE USE YOUR INFORMATION
5.1 Operation of the App. Company uses your Information to identify you and to potentially improve the App, maintain security, and customize the content you see via the App. Company also uses Information about you to analyze App usage, improve or customize the App, customize certain App content, address your inquiries and respond to your requests, questions and comments, manage your User Account, facilitate communications between you and other Users (although you acknowledge and agree that Company is not obligated to do so), complete your transactions, and as otherwise set forth in this Privacy Policy or as Company believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Use and all applicable law.
5.2 Communications with You. You agree that Company may also use your Information to contact you. You agree that Company may use your Information to deliver information to you that is relevant to your use of the App such as administrative notices, product enhancements or App “newsletters”, or that, in some cases, is targeted to your interests, such as targeted advertisements, or featured Contests that Company believes you may be interested in learning more about. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.
5.3 Aggregating Information. Your Personal Information (which when aggregated is no longer considered Personal Information), Usage Information and Other Information may also be aggregated and used by Company (or third parties employed by Company or which have other commercial relationships with the Company) for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection.
5.4 To Combat Misuse of the App. We may use your Personal Information to protect the App and your rights, and the rights of others, to enforce the terms and conditions applicable to the App, and to prevent prohibited or illegal activities.
5.5 Fulfillment of Requests. If you provide your Personal Information to us for a particular purpose we will use the Personal Information you provide for the applicable purpose, for example, if you provide us with your email address so that we can provide email communications to you, we will use the information you provide for purposes of sending you those email communications.
5.6 Other Uses. Company will obtain your consent for any use of your Personal Information beyond those set forth in this Privacy Policy, or other uses which are reasonably consistent with the original uses for which you provided your consent.
6. HOW WE SHARE YOUR INFORMATION. We may share aggregated Usage Information and/or Other Information and we may otherwise disclose non-Personal Information that we collect to third parties. However, except as expressly provided herein, absent your prior consent and unless necessary (as determined in Company’s sole discretion), Company does not share your Personal Information with any unrelated third parties. We will share your Information with third parties as follows:
6.1 Third Party Processors and Third Party Service Providers. Company employs or engages other companies to perform business functions on behalf of the Company (“Service Providers”), such as operating and supporting the App, analyzing data, or performing marketing or consulting services. We may share your Information with these Service Providers; however, these Service Providers will only have access to the Information needed to perform these limited functions on our behalf.
6.2 Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your Information to government authorities or third parties if: (A) required to do so by law, or in response to a subpoena or court order; (B) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (C) we believe that you have abused the App by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
6.3 Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any Information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the App to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new Privacy Policy adopted by the successor entity.
6.4 Infringement Notices. We will share your Information with third parties if you submit a Digital Millennium Copyright Act Notification (or Counter Notification) or other notice regarding infringement, as described in our DMCA Policy located at https://dancefightapp.com/terms, or if you are the person responsible for uploading the material addressed in a notification that is submitted to us.
6.5 With Your Consent. We will share your Personal Information with your consent or at your direction. We will provide you with information about how your Personal Information will be shared at the time we obtain your consent.
7. STORAGE AND TRANSFER OF INFORMATION. Company is a United States company. Information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the App, you expressly consent to any such transfer and storage of Information outside of your country of residence, where data protection laws may be different and/or less stringent. Company makes no representation or warranty with respect to any duty to permanently store any Information you may provide. By using the App and providing us with Information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties.
8. CHANGING, UPDATING OR DELETING INFORMATION; CLOSING YOUR USER ACCOUNT
8.1 Changing, Updated or Deleting Information. You may change, update or delete the Information you provide to Company when creating your User Account (“Registration Data”) by changing your User Account settings. You may also directly request that Company make a change or update to the Registration Data you provide by contacting Company via email at feedback@dancefightapp.com (please include in the Subject line the words “Change in Registration Data”), or you may send Company an email at the same address to request that Company delete your User Account (please include in the Subject line the words “Delete My User Account”). We will review, update or remove information as we, exclusively at our option, deem appropriate. We may still retain your Information to resolve disputes, enforce the Terms of Use, or comply with legal requirements.
8.2 Closing Your User Account. If you completely delete all of your User Account information, then your User Account may become deactivated. If your User Account is deactivated or you ask to close your User Account, or we terminate your User Account pursuant to the Terms of Use, you will no longer be able to use the App. However, your Personal Information may remain in our archives and Information you update or delete, or Information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete Information from our databases. In addition, subject to applicable law, we typically will not remove Information you posted publicly through or on the App. Bear in mind that neither you nor Company can delete all copies of Information that has been previously shared with others on the App.
9. SECURITY. Company takes reasonable security measures designed to protect your Information and free from any unauthorized alteration. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. Therefore, the complete security of any Information collected, stored or used by us cannot be guaranteed. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately. We note that anyone who has access to your User Account password may be able to access your Information. Therefore, we encourage you to keep you User Account password and other User Account information contained in your Registration Data confidential. You hereby acknowledge that Company shall not be responsible or liable for any dissemination of your Information that results from your disclosure of your User Account password to any third party.
10. NEWSLETTERS; ADMINISTRATIVE AND MARKETING COMMUNICATIONS. If you register for the App, you may receive newsletters, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below. You may also receive other communications from us, such as administrative or service announcements or User Account notifications. You may unsubscribe from electronic newsletters, notices and/or special offers at any time by following the instructions contained in the applicable email or elsewhere as directed by Company. If you are having problems unsubscribing please contact us at feedback@dancefightapp.com (forwarding the newsletter, if applicable, and including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Please note that Company will not process any unsubscribe requests submitted as direct replies to any newsletter.
11. COOKIES; EMBEDDED SCRIPTS; TRACKING TECHNOLOGIES
11.1 Our Use of Cookies. Like most other mobile applications, as you visit and use the App, and/or open communications from us, Company (and, potentially, third party advertisers and partners) may track your usage via Cookies. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive or via mobile IDs. Company (and, potentially, third party advertisers or other partners) may set and access cookies on your computer or mobile device to track and store preferential information about you, for purposes such as (A) recognizing you when you return to the App, (B) tailoring the App to your specific needs or preferences, and (C) personalizing the content that you see in order to ensure you enjoy your visit, etc. We may also use Cookies to control the display of ads, to track your App usage patterns, to record registration and personalization information, and to track the various App items that you view. Company (and potentially third party advertisers) gathers anonymous information about Users through Cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.
11.2 Our Use of Embedded Scripts. We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the App, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the App.
11.3 Other Tracking Technologies. In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
11.4 Disabling Cookies. Your mobile device may include an option that allows you to not accept Cookies. However, we highly recommend against setting your browser to refuse Cookies, since some portions of the App may not function properly thereafter.
11.5 Analytics Providers. We use Firebase Analytics, an analytics tool provided by Google LLC (“Google”) on the App. Firebase Analytics uses tracking technologies to analyze your use of the App. Information collected by Firebase Analytics is transmitted to, and stored by, Google in accordance with its privacy practices. Google uses the information collected through Firebase Analytics to evaluate your use of the App on our behalf, to create reports for us about activity on the App and to provide us with other services related to the App.
11.6 Advertising and Tracking. Company and third party businesses may use the information collected through the App to help manage online advertising programs. This information may enable us, as well as third party advertising services and other third party businesses to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices or http://www.aboutads.info/appchoices. In addition, some third party businesses may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.
11.7 Do Not Track. To the extent applicable, we will not disable tracking technology in response to any “do not track” requests that we receive from your browser.
12. CHANGES TO THIS PRIVACY POLICY. Company reserves the right, at its sole discretion, to update, amend, supplement, modify and/or change this Privacy Policy without prior notice to you and at any time. If Company makes a material change or amendment to this Privacy Policy, it will notify Users of the applicable change or modification by posting the applicable change or amendment within the App at least thirty (30) days in advance of the effective date of the change or amendment. If you are a registered User of the App, we will notify you of material changes to this Privacy Policy by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you may be required to affirmatively accept the new Privacy Policy the first time you visit the App and log in to your member account after the new Privacy Policy takes effect. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE APP. YOUR CONTINUED USE OF THE APP FOLLOWING THE effective date OF ANY CHANGE OR AMENDMENT TO this Privacy Policy USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO the applicable CHANGE OR AMENDMENT.
13. CHILDREN’S PRIVACY. Protecting the privacy of young children is especially important. Therefore, by accessing and using the App you agree to respond truthfully and accurately about your age. In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect any personally identifiable information from children under the age of thirteen (13) (e.g., information that would allow anyone to locate children under thirteen (13) online or offline, such as full name, email address, home address, phone number, etc.). Children under the age of thirteen (13) are expressly prohibited from using the App and/or submitting or uploading any Information to the App. If you are under thirteen (13) years of age, then please do not use or access the App at any time or in any manner. If Company learns that Information of persons under the age of thirteen (13) years has been collected without verified parental consent, then Company will take the appropriate steps to delete this Information.
14. SWEEPSTAKES, CONTESTS AND PROMOTIONS. We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. The official rules applicable to the Promotion will be provided to you at the time you elect to participate in a promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
15. SPECIAL NOTICE TO CALIFORNIA RESIDENTS. California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the preceding calendar year and the categories of Personal Information disclosed to those third parties. If you are a California resident, you may make such a request by contacting us at feedback@dancefightapp.com (including in the Subject line the words “California Third Party List Request”).
16. RIGHT OF ERASURE FOR CALIFORNIA MINORS. If you are a California resident between the age of 13 and 18 and are a registered user on the App and participate in the public forums offered through the App, you may request that we remove content or information about you that you posted to the App by (A) submitting a request in writing to feedback@dancefightapp.com with the subject: California SB 568, and (B) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
17. QUESTIONS OR CONCERNS. If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at feedback@dancefightapp.com.