Privacy Policy

Privacy Policy

Effective as of September 30, 2016

We have created this privacy policy (this “Privacy Policy”), because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Confide, Inc. (“Confide”) when you access and/or use the Website and when you access and/or use our Service through the App.

By visiting our Website and/or accessing and/or using our App and/or Service, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use, which are incorporated herein by reference.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

What Information We Collect; the Purpose of Collection and Use

We collect the following categories of information:

Contact Information

When you sign up to become a user of the Service, you will be required to provide us with personal information about yourself, which may include your name, e-mail address and phone number (collectively, “Contact Information”). We do not collect any Contact Information from you when you use the Service or the Website unless you provide us with the Contact Information voluntarily. The Contact Information is used to provide the requested Service, and occasionally to contact users of our Service to notify them of our current and future products and features.

Address Book Information

When you access and use the Service, you will be asked to grant us the right to collect the data stored in the address book on the Device from which you are accessing and using the Service (the “Address Book Data”). If you consent, we will store the Address Book Data in hashed/anonymized form (i.e., in a manner in which we cannot read the data) and will use it only to provide you the Service.

Message Information

When you use the Service to send and/or receive encrypted Messages, we may temporarily process and store your Message (in encrypted form), log and contact data, and other related information (collectively, the “Message Information”) in order to provide the Service to you. We do not read your encrypted Messages, and we delete your Messages as soon as they have been successfully read or, in the case of an unread message, after several days have elapsed.

Billing Information

If users wish to purchase a Subscription for any premium features we may offer from time to time, they will be required to provide certain information in addition to the information noted above. Such information may include a debit card number, credit card number, expiration date, bank account information, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Billing Information will be collected and processed by a third-party payment vendor acting as our agent (See, Onward Transfers to Third Parties). We do not directly obtain or process any Billing Information.

Automatic Data Collection Technologies

Like most organizations, we rely on automatic data collection technology (such as Google Analytics and Facebook Analytics) when you visit our Website or use our Service. These technologies may collect information on our behalf such as your IP address, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while on the Website, search terms, and other data. They may also collect information about your Device, including universally unique ID (“UUID”), MAC address, operating system and version (e.g., iOS, Android or Windows), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G). This information is collected automatically and anonymized. The third parties we currently work with are those listed below. These third parties may change from time to time, but in each case we will provide you with the links to view these organizations’ privacy policies and find out more about what data they hold about you, what they do with it, and how to opt-out from certain data collection. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website, the App and Service.

Cookies

We use cookies to remember your language preference on the Website. To learn more about what cookies are, what types we use, what we use them for and how to control them, please visit our Cookie Policy. You may be able to turn cookies off on your Device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website or the Service may not function properly.

Aggregate Data

In an ongoing effort to better understand our users and the Website, the App, and the Service, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Website, the App and the Service. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and the Website to current and prospective business partners and to other third parties for other lawful purposes.

Additional Uses

We also use Contact Information, and other information collected pursuant to this Privacy Policy to respond to general inquiries, solicit feedback and inform about our products/services and those of any third parties, provide customer support, and to communicate with you regarding our current and future products.

Onward Transfer to Third Parties

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: marketing assistance, data storage, hosting services, customer support, and payment processors. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this privacy policy and implemented by Confide. You may opt out of having your personal information transferred to any or all of our categories of agents by contacting us at privacy@getconfide.com. Please allow us a reasonable time to process your request. If you opt out of having your personal information transferred to certain categories of agents, you may not be able to use certain functionality of our Website and the Service. With regard to the Principle of Accountability for Onward Transfer, we remain liable if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

Opt-In to Certain Onward Transfers

We do not currently transfer your personal information to a third party controller. In the future, we will not transfer your personal information to a third party controller without first providing you with information regarding the identity of such controller or the nature of such controller’s business, and obtaining your opt-in consent. If/when applicable, you will be able to grant such consent by contacting us at privacy@getconfide.com.

We do not currently collect sensitive personal information from you. If we start collecting your sensitive personal information in the future, we will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. If/when applicable, you will be able to grant such consent by contacting us at privacy@getconfide.com.

In each instance, please allow us a reasonable time to process your response.

Business Transfers

In the event of a merger, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this privacy policy.

Disclosure to Public Authorities

We may be required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Access to Personal Information

Confide acknowledges that EU individuals have the right to access the personal information that we maintain about them. Upon request to privacy@getconfide.com, we will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. You have the right to correct, amend or delete your personal information where it is inaccurate or has been processed in violation of this privacy policy. Please allow us a reasonable time to respond to your inquiries and requests.

Unsubscribing from Emails

You may unsubscribe from marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Confide marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. Users cannot opt out of receiving transactional e-mails related to their account.

Retention of Personal Information

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this privacy policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of statistical analysis, and subject to the protection of this privacy policy. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.

How We Protect Your Information

We take commercially reasonable steps to protect the personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website and/or the App may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Children

We do not knowingly collect personal information from children under the age of 13 through the Website or the App. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information through the Website or the App without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Important Notice to Non-U.S. Residents

Our servers are located in the US. If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US. Except in the case of data transfers under the EU-US Privacy Shield and the U.S.-Swiss Safe Harbor Framework, your decision to provide such data to us, or allow us to collect such data through our Website, the App or the Service, constitutes your consent to this data transfer.

Important Notice for Residents of the European Economic Area

Confide complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries (including Iceland, Liechtenstein and Norway). Confide has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability (the “Privacy Shield Principles”). If there is a conflict between this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Confide is subject to the investigatory and enforcement powers of the Federal Trade Commission.

In compliance with the EU-US Privacy Shield Principles, Confide commits to resolve complaints about your privacy and our collection or use of your personal information. EU individuals with inquiries or complaints regarding this Privacy Policy should first contact Confide at privacy@getconfide.com. Confide has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Confide, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Important Notice for Residents of Switzerland

Confide complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. Confide has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. If there is any conflict between the policies in this Privacy Policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/.

In compliance with the US-Swiss Safe Harbor Principles, Confide commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss citizens with inquiries or complaints regarding this Privacy Policy should first contact Confide at: privacy@getconfide.com.

Confide has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Confide via email at privacy@getconfide.com. In addition, Confide does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

External Websites

The Website, the App and the Service may contain links to third-party websites. Confide has no control over the privacy practices or the content of any of these websites. As such, we are not responsible for their content or privacy policies. You should check the applicable third-party privacy policy and terms of use when visiting any other websites, and before providing any personal information to such external sites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Website as soon as they go into effect. By accessing the Website or the App and/or using the Service after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at privacy@getconfide.com.