WithMe Privacy Notice

Last updated: October 26, 2020

Thank you for choosing to use WithMe Entertainment LLC’s (“WithMe”, “we” or “us”) mobile application (“Application”). In order to provide the Application, we collect and process personal information. This Privacy Notice is intended to help you better understand how we process your personal information, and governs how we may collect, use, store and disclose personal information that we obtain through or from:

  • Individuals who access, download or use the Application
  • Your direct communications with us

This Privacy Notice (and our Cookie Notice) cover our Application, and any other websites, products, software, applications, data feeds, content or services on which an authorized link to this Privacy Notice and Cookie Notice are posted.

We recommend that you read this Privacy Notice carefully as it provides important information about your personal information. It also tells you about your rights under the law that may protect you.

If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, or would like to exercise your rights, do not hesitate to contact us at privacy@withme.com

Children’s Privacy

The Application is not intended for children under the age of 13. WithMe does not target the Application to children under 13 and does not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not register to use the Application and do not give us any information about yourself.

What Personal Information Do We Collect and How Is It Collected? 

Depending on who you are and why you are using our Application, we collect different types of information.

“Personal information” – or “personal data” as also used interchangeably throughout this Privacy Notice – means any information about an individual from which that person may be identified. For example, it may include your name, telephone number, email address, payment information, and your IP address, device ID and location information. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual. 

When you visit or use our Application, we collect personal information directly from you when you provide it to us, as well as indirectly through automated technologies such as cookies. 

Information Collected Directly 

Registration

To use the Application, we request certain personal information from you on the registration form: 

  • Your avatar or username
  • Your password
  • Your mobile phone number
  • Your age or birthday

In addition, when you register, we may collect any personal information that you elect to include in your profile, such as your selected avatar gender

Other users on our Application will be able to view your profile data.

Chat

If you use a chat or messaging functionality, you should be aware that any personal information you submit there can be read, collected, or used by recipients. We are not responsible for the personal information or information that you choose to submit when using the chat or messaging functionality. Any messages that you post will automatically disappear from public view once you leave the Application.

Information Collected Indirectly 

Cookies and Similar Technologies

We or authorized third parties collect some information, including Device and Usage Information described below, by automated means using cookies, web beacons, and server logs for analytic purposes. For more information on our use of these technologies and the data that they collect, please see the Cookie Notice.

Device and Usage Information

When you download, use or interact with the Application, even if you do not have an account, we, or our authorized third-party service providers, collect information about your use of the Application via your device. Device and Usage Information that we collect consists of:

  • Information About your Device: information about the devices and software you use to access the Application – primarily the internet browser or mobile device that you use, the website or source that linked or referred you to the Application, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your mobile device, device screen size, and other similar technical information.
  • Usage Information: information about your interactions with the Application, including access dates and times, hardware and software information, device event information, crash data, cookie data. This information allows us to understand the screens that you view, how you’ve used the Application (which may include administrative and support communications with us or whether you have clicked on third-party links), and other actions on the Application. We, or our authorized third parties, automatically collect log data when you access and use the Application, even if you have not created an account or logged in. We use this information to administer and improve the Application, analyze trends, track users’ use of the Application, and gather broad demographic information for aggregate use.
  • Location Data: We or authorized third parties collect your broad geographic location (e.g., country or city-level location) through your IP address.

Aggregated Data

With the Device and Usage Information collected by us or our third-party analytics services, we generate and process “Aggregated Information”, such as statistical or demographic data. Aggregated Information may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity. For example, we may track the total number of visitors to our Application or the number of visitors to each page of our Application, and we may aggregate usage data to calculate the percentage of users accessing a specific feature of the Application and analyze this data for trends and statistics.

However, if we combine or connect Aggregated Information with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.

Information from Third Parties

In some instances, we process personal information from third parties such as our affiliate companies.

Why We Collect Your Personal Information and How We Use It 

We, or our authorized third-party service providers who assist us in providing the Application, process your personal information for this purpose. Personal information is processed in order to:

  • Provide you the Application
  • Ensure that our Application is operational and optimized for user experience, as well as to enforce our terms of use with you if necessary
  • Improve the content and general administration of the Application
  • Enhance user experience, including to provide you with customer support
  • Improve the Application
  • Detect fraud, illegal activities or security breaches
  • Send you direct marketing communications regarding WithMe’s offerings
  • Respond to your queries and requests, or otherwise communicate directly with you
  • Perform system maintenance and upgrades, and enable new features
  • Conduct statistical analyses
  • Provide information to regulatory bodies when legally required, and only as outlined in this Privacy Notice

Disclosure of Your Personal Information

We disclose your personal information to the third parties as indicated below.

Third-Party Service Providers

We may share users’ information with third party agents, contractors or service providers that we engage to perform services on WithMe’s behalf. These providers may operate or support certain functions of the Application. Below is an illustrative list of functions for which we may use third-party service providers and the names of the providers we may use to perform these functions:

  • Analytics services 
  • Customer support services 
  • Hosting and content delivery network services

Service providers may only process your personal information for the specified purposes of providing their services to us (and in accordance with our instructions), unless they aggregate and anonymize any personal information such that you may no longer be identified or identifiable at any time or in any manner. 

Business Transfers

As we continue to grow, we may purchase websites, applications, subsidiaries, other businesses or business units. Alternatively, we may sell businesses or business units, merge with other entities and/or sell assets or stock, in some cases as part of a reorganization or liquidation in bankruptcy, as well as raise capital through financings. In connection with or as part of these transactions, we may transfer your personal information to another entity upon a merger, consolidation, financing or other corporate reorganization in which WithMe participates, or to a purchaser or acquirer of all or a portion of WithMe’s assets, bankruptcy sale included. 

Chats

If you use the chat function or a help/communication forum on WithMe, as noted above, you should be aware that any personal information submitted there will be available to anyone who has access to that content, including other users, and can be read, collected, or used by other users of these forums, and could be used to send unsolicited messages. We are not responsible for how other individuals use the information posted in this manner. 

Legal Obligations and Security

WithMe may preserve or disclose your personal information in limited circumstances (other than as set forth in this Privacy Notice), including: (i) with your consent; (ii) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant or other judicial or administrative order (as further explained below); (iii) to protect the safety of any person; to protect the safety or security of our Application or to prevent spam, abuse, or other malicious activity of actors with respect to the Application; or (iv) to protect our rights or property or the rights or property of those who use the Application.

If we are required to disclose personal information by law, such as pursuant to a valid subpoena, warrant or other judicial or administrative order, we will review those on a case-by-case basis.

Note that if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the imminent danger (if we have it). 

YouTube Videos

WithMe enables users to view YouTube videos within chat rooms via a YouTube API (“YouTube Feature”). When you use the YouTube Feature, WithMe does not collect any personal information, including information on how specific users search or select specific videos. WithMe will only be informed in the aggregate – meaning in a non-personally identifiable way – of user searches, as well as which videos are played most often.

YouTube may collect personal information when you use the YouTube Feature, so please review Google’s privacy policy for more information on Google’s collection of personal information.  

Protecting Your Personal Information

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we take all steps necessary to securely provide our Application. We have put in place appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to those employees, agents, contractors and third parties who have a business need-to-know.

We also have procedures in place to deal with any suspected data security breach. If required, we will notify you and any applicable regulator of a suspected data security breach. We also require those parties to whom we transfer your personal information to comply with the same. 

International Transfers

We are located in the United States, and the personal information that we collect is stored on servers located in the United States. This means that your personal information will be collected, processed and stored in the United States, which may have data protection laws that are different from (and sometimes less protective than) the laws of your country or region.

By signing up and/or providing us personal information, you agree and consent to the processing of your personal information in the United States, which may not offer an equivalent level of protection to that required in other countries and to the processing of that information by us on servers located in the United States, as described in this Privacy Notice.

We have implemented safeguards designed to ensure that the personal information we process remains protected in accordance with this Privacy Notice, including when processed internationally or by our third-party service providers and partners. The safeguards we may take in our discretion include, for instance, entering into standard contractual clauses in connection with any onward transfers of personal information. We may implement other mechanisms and take similar appropriate safeguards with our third-party service providers and partners. Further details can be provided upon request.

Changes to this Privacy Notice

WithMe may update this Privacy Notice from time to time. If so, we will post an updated Privacy Notice within the Application along with a change notice. If we make significant changes, we may also send registered users a notice that this Privacy Notice has been changed. We encourage you to review this Privacy Notice regularly for any changes. Your continued use of the Application and/or your continued provision of personal information to us after the posting of such notice will be subject to the terms of the then-current Privacy Notice. If you continue to use the Application, you will be deemed to have accepted the change.

How to Contact Us About Privacy

If you have any questions regarding this Privacy Notice please contact WithMe Entertainment, LLC using the following contact information:

Privacy Officer
WithMe Entertainment, LLC
PO Box 2772
Redwood City, CA 94063-2052
email: privacy@withme.com

WithMe Cookie Notice

WithMe uses cookies and similar technologies on its Application. You can find out more about cookies and how to control them in the information below. This Cookie Notice explains how we use cookies throughout in connection with the Application and your related choices. Any terms not defined in this Cookie Notice have the same meaning as in our Privacy Notice.

What Are Cookies?

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. When you visit, access or use the Application, we may by means of cookies, beacons, tags, scripts, and/or similar technologies automatically collect technical information, including Device and Usage Information and other similar technical information.

A cookie can be classified by its lifespan and the domain to which it belongs.

By lifespan, a cookie is either a:

  • Session cookie, which is erased when the user closes the browser or
  • Persistent cookie which remains on the user’s computer/device for a pre-defined period of time

As for the domain to which it belongs, there are either:

  • First-party cookies which are set by the web server of the visited page and share the same domain (in this case the WithMe.com domain) or
  • Third-party cookies stored by a different domain to the visited page’s domain. This can happen when the webpage references a file, such as JavaScript, located outside its domain.

We use both session and persistent cookies, and enable first and third-party cookies. WithMe tracks users’ use of the Application, but does not track users across third party websites.

Some of the cookies or similar technologies that we used are “strictly necessary” in that they are essential to the Application we provide. This includes cookies that capture and store users’ preferences, account settings, and certain login information (mainly for convenience, user verification, and account security). Other cookies or similar technologies help us improve our services and measure audiences.

How and Why do We Use Cookies?

Strictly Necessary Cookies

These cookies are necessary for the Application to function and cannot be switched off in our systems. They are usually only set in response to actions made by you, which amount to a request for access to our Application, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but if you do, some parts of the Application will not work. These cookies do not store any information that directly identifies you.

Performance and Analytics Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Application. They help us to know which pages are the most and least popular and see how visitors navigate the Application. Performance cookies are used to help us with our analytics, including to:

  • Compile statistics and analytics about your use of and interaction with the Application, including details about how and where our Application are accessed, how often you visit or use the Application, the date and time of your visits, your actions on the Application, and information regarding in-app activities, and other similar traffic, usage, and trend data (see Device and Usage Information above). These analytic tools allow us to better understand the functionality of our mobile software on your device and gain insights about how mobile software is used in order to improve your experience.
  • Gather important functionality, testing, and performance data about our Application, including performance data related to the Application, such as networking activity, CPU load, and resource usage, among other relevant data.
  • Moderate user behavior on the Application, such as protecting against fraud and other inappropriate activities.
  • Gather demographic information about our user base.

We may use third-party tools and technologies to help us gather this information.

Your Choices

Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Some browser manufacturers provide comprehensive help relating to cookie management in their products. Please see your web browser provider’s settings for more information.

You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices.

Please note, however, that by blocking or deleting all cookies used on the Application, you may not be able to take full advantage of the Application and you may not be able to properly log on to the Application.

Changes to this Cookie Notice

WithMe may update this Cookie Notice from time to time, at its sole discretion. If so, we will post an updated Cookie Notice within the Application. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Application. We encourage you to review this Cookie Notice regularly for any changes. Your continued use of the Application and/or your continued provision of personal information to us after the posting of such notice will be subject to the terms of the then-current Privacy Notice and Cookie Notice. If you continue to use the Application you will be deemed to have accepted the change.