SendBird Privacy Policy

LAST UPDATED: 01/06/2016

SendBird DBA (Smile Family, Inc.) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices (“Privacy Policy”). By using the SendBird services, or visiting the SendBird website at www.SendBird.com (collectively, the “Services”), you accept the practices outlined in this Privacy Policy.

SendBird complies with the U.S.-EU Safe Harbor Framework and 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 European Union member countries and Switzerland. SendBird has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view SendBird’s certification, please visit export.gov/safeharbor or see our Safe Harbor Notice at SendBird.com/safeharbor.

What Does This Privacy Policy Cover?

This Privacy Policy covers SendBird’s treatment of information that SendBird gathers when you access or use the Services. This Privacy Policy does not cover (i) use of information by third parties we do not control, or (ii) information collected via third party mobile or software applications which utilize SendBird’s development platform. If you’re accessing the Services via a third party application or service that is integrated with SendBird, then such third party's privacy policy will govern the use, storage and disclosure of your data in connection with such application or service.

What Information Does SendBird Collect?

When you express an interest in obtaining additional information about the Services or registering to use the Services, SendBird may collect certain contact information from you, such as name, organization name, address, email address, and phone number (collectively, "Contact Information"). When registering for the Services, you may be required to provide additional information that may include a credit card number or other banking or payment information ("Billing Information").

As you navigate the SendBird website, SendBird may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Site Information”). Site Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the Web pages viewed and the links clicked). Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

In connection with your use of the Services, SendBird may collect information that is created or provided by you for such purposes (collectively, "Service Information"). This may include but is not limited to: (a) personal data, such as information you provide about other people such as contact information, phone number, email address, first and last names, and (b) usage data, such as messaging history, transaction dates, and read receipts.

Service Information may include information that is “Personally Identifiable Data,” meaning data which directly, or used in conjunction with other provided information, enables the identification of a specific individual.

Contact Information, Billing Information, Site Information and Service Information may be referred to, collectively, as the "Data."

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to legal@sendbird.com.

How does SendBird secure your information?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

How does SendBird use information?

SendBird only uses Site Information internally to monitor, further develop, and improve the Services.

SendBird uses a third party credit card processing provider to manage credit card and ACH processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing and ACH on our behalf, and is subject to confidentiality obligations restricting the disclosure of information collected to other third parties.

SendBird uses Data to perform the services requested. For example, if you fill out a “Contact Me” Web form, SendBird will use the information provided to contact you about your interest in the Services. You may opt-out of those communications by following the email opt-out instructions contained in each email.

SendBird uses and stores Service Information only for the purpose of conducting business with you. For example, we will use your Contact Information to provide you with access to the Services you have ordered, as well as support services, technical updates or updates on changes in SendBird's policies. SendBird may also use your Contact Information to send you company updates and marketing information. You may opt-out of those communications by following the email opt-out instructions contained in each email. You may not opt-out from non-marketing communications, including company updates, service notifications and other operational updates. SendBird's use of the Service Information is also governed by the agreement you enter into with SendBird in connection with the Services (this “Services Agreement” is the Terms of Service or Master Services Agreement, as applicable). Please refer to the Services Agreement for specific provisions concerning confidentiality and data protection. In the event of any conflict between this Privacy Policy and the Services Agreement, the Services Agreement will control.

SendBird may receive orders, subpoenas or other legal demands for Personally Identifiable Data that has been collected on behalf of third party providers integrated with SendBird through the use of their applications or services. In such cases, SendBird will refer the party requesting the Personally Identifiable Data to the applicable third party provider(our Customer). That provider will respond in accordance with its own policies and may disclose your Personally Identifiable Data in response to such subpoena or other demand for information. If you have questions about any such disclosures, you should contact the applicable provider directly, as SendBird is not responsible for the policies and practices of such third party providers. SendBird will have no liability in connection with any act or omission of any such provider with respect to your data or information or otherwise.

Customer forums and reference lists

SendBird only uses Site Information internally to monitor, further develop, and improve the Services.

SendBird may post a list of Customers and testimonials on its website that contains information such as Customer names and titles. SendBird may identify Customer by name, with or without use of the Customer’s trademark, in general promotional lists of SendBird’s customers without Customer’s prior consent. SendBird obtains the consent of each Customer prior to posting testimonials. SendBird may provide bulletin boards, blogs, or help forums on its website. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. SendBird is not responsible for the personal information you choose to submit in these forums.

Will SendBird Share Any of the Information it Receives?

We do not rent, sell or disclose your Data to anyone – except for the following limited purposes:

Agents: We may employ other companies and people to perform tasks on our behalf - meaning they are helping us provide our Services. We may share your Data with such companies/persons solely as necessary for them to help us provide the Services. Unless we tell you differently, SendBird’s agents do not have any right to use Data we share with them beyond what is necessary to assist us.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if SendBird, or substantially all of its assets, were acquired, or in the unlikely event that SendBird goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party.

Protection of SendBird and Others: We may release Data when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of SendBird, our employees, our users, or others. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our Services Agreement, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.

With Your Consent: Except as set forth above, you will be notified when your Data may be shared with third parties, and will be able to prevent the sharing of this information.

Conditions of use

If you decide to access or use the Services, any possible dispute over privacy is subject to this Privacy Policy and our Services Agreement, including limitations on damages, arbitration of disputes, and application of California state law.

Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register on the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@sendbird.com.

Corrections to information

You may contact us in order to correct, amend or delete Contact Information or Billing Information you provided that is inaccurate. You may request such changes to your account by sending an e-mail to legal@sendbird.com.

Changes to this Privacy Policy

SendBird may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will provide notice of such changes through a posting on the SendBird website or through another reasonable means of communication. Users are bound by any changes to the Privacy Policy when he or she uses the Services after such notice has been provided.

Questions or Concerns

If you have any questions or concerns regarding privacy in connection with the Services, please send us a detailed message at legal@sendbird.com. We will make every effort to resolve your concerns.

Effective Date: January 6, 2016
Updated: January 6, 2016

SendBird
541 Jefferson Ave. Suite 100
Redwood City, CA 94063
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