Privacy Policy

This is the privacy policy (“Privacy Policy“) that governs how we, Happy B’day! (“Happy B’day!“, “we“, “us” or “our”), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of: (i) the Happy B’day! App (together with its content and services, the “App“); and/or (ii) the website www.happybdayapp.com and any other website that we operate (each, together with its content and services, a “Site“). The App and Site are individually and collectively referred to as the “Service“.

1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us. We provide this Privacy Policy explaining our online information practices and the choices you can make about the way Personal Information is collected and used in connection with the Service. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information.

2. Consent and Modification. By using the Service, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change will be effective ten (10) days following posting the revised Privacy Policy on the Site. Your continued use of the Service ten (10) days following such posting means you accept those changes.

3. Receipt and Collection of Information. We receive and/or collect Personal Information from you in the following ways:

3.1. Third Party Accounts. In order to access and use certain App services, you may choose to sync with or link to a third party account that you have with Facebook, Twitter, Google Plus, or other third party websites that we designate on the App (each a “Third Party Account“). If you choose to do so then a pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we or you may perform in connection with, your Third Party Account. Please note that in order to sync with or link to your Third Party Account, you may need to actually be signed-in to your Third Party Account.

3.2. B’day List. The App enables you to create a list of your friends’ birthday dates (“B’day List“) by: (i) syncing with a Third Party Account; and/or (ii) syncing with the contacts that are stored on your device or creating a new friend. If you choose to create your B’day List by syncing with a Third Party Account, we may collect certain information that you authorize us to collect from that Third Party Account.

3.3. Birthday Wish Service. The App enables you to send birthday greetings to your friends by: (i) using the App to send or post a message to a designated third party website account that your friend may have (for example, by sending a message to your friend’s Facebook wall or by Tweeting your friend); (ii) using the App to send an email to your friend’s external email account; and/or (iii) using the App to send an SMS to your friend. If you send or post a birthday message to a designated third party website account that your friend may have, we may collect Personal Information such as your, and the recipient’s, third party website account user name and id and other specified information.

3.4. Share with Friends Service. The App and Site enable you to participate in our Share with Friends Service and send your friends an invitation email or message inviting them to use App. You may do so by: (i) using the App to send or post an invitation message to a designated third party website account that your friend may have; and/or (ii) using the App or Site to send an invitation email to your friend’s external email address If you send or post an invitation message to a designated third party website account that your friend may have, we may collect Personal Information such as your, and the recipient’s, third party website account user name and id and other specified information.

3.5. Feedback. If you send us feedback we will receive and store a copy of your email address, as well as any other Personal Information you disclose.

3.6. Purchases. The App may include the option to purchase certain products or services from us. We use the tools, software or services of third-party service providers (such as the Apple Store Kit) to process transactions on our behalf. You acknowledge and agree to review and be bound by the terms of use and privacy policy of said third party service providers.

3.7. App Log-Files and Other Tracking Technologies. We may collect limited information from your device in order to provide the App and its related services. Such information may include your device type, device id, and date and time stamps of App use. In addition, we may deploy log-files and tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

3.8. Site Cookies, Log-Files and Tracking Technologies. Our Site may utilize “cookies”, log-files, and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Site activity. Certain cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to block cookies or to notify you if you receive a cookie.

4. The Way We Use Personal Information. If you submit or we collect Personal Information through the Service, then such Personal Information may be used in the following ways:

4.1. To provide the Service to you, to improve the Service, to contact you in response to a feedback request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the App.

4.2. We may send you in-App notifications regarding the App, our services and third party advertisements.

4.3. If you choose to participate in our Share with Friends Service and send your friend an invitation email to their external email address or an invitation message to their third party website account, we (or a third party service provider acting on our behalf) will use the contact information that you provide to automatically send your friend an email or message inviting them to use the App. Your name or email address may be included in the invitation email or message. You acknowledge and agree to review and be bound by the terms of use and privacy policy of said third party service providers.

4.4. We may transfer your Personal Information to our affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy.

4.5. We may transfer your Personal Information to our third party service providers (such as a server hosting provider), but only to provide our services to you. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a privacy policy governing their processing of Personal Information.

4.6. We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Happy B’day!, our users, yourself or the public.

5. Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service.

6. Opting Out. You may choose not to receive future promotional, advertising, or other App-related notifications from us by changing the notification settings on your device. If you choose not to receive notifications, you may still use the App but you may not receive, or may be unable to use, certain services that involve our interaction with you.

7. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. The notices that we provide on the App and Site in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still use the App and Site, but you may be unable to access certain programs and services that involve our interaction with you.

8. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any other of your Personal Information that we may be storing, you may submit a request to us by sending an email to happybday@amirnaor.com. Your email should include adequate details of your request.

9. Collection of Information by Third-Party Sites. We may use a reputable third party to present or serve advertisements that you may see on the App and Site. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

10. Links to Other Sites. The App and Site may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.

11. Children’s Privacy. The Service is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at happybday@amirnaor.com.

12. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at happybday@amirnaor.com.

Please be aware that while using the App you may store certain Personal Information on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

13. Merger, Sale or Bankruptcy. If we are acquired by or merged with a third party entity, or if we are subject to a bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.

14. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to happybday@amirnaor.com. Please note that we are only required to respond to one request per customer each year.

15. Commitment. We are committed to protecting your privacy. If you have any comments or questions regarding our Privacy Policy, or Personal Information that we may be storing and using, please contact us at happybday@amirnaor.com.

Last updated: 4 April 2012