Last Updated: August 12, 2022
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR SOFTWARE OR PARTICIPATE IN OUR SERVICES.
1. Your Consent
2. The Types Of Data We Collect
3. Information We Collect
3.1. Registration Information. In order to use the Software or certain features, we may require that you submit certain information, which may include such items as (i) name; (ii) phone number; (iii) birth date; and (iv) email address. Our registration forms may additionally request information, which you may, at your option, choose to provide or withhold. The registration process may also provide Registered Users with the ability to establish an account through email/password or Short Message Service (SMS) text messaging, which allows them to gain access to certain areas of the Software that are accessible only to Registered Users. By becoming a Registered User, you consent to receiving emails and SMS text messages from us as part of the registration process or for other administrative purposes.
3.2. User Content; End-User Content. To facilitate the Services, we may obtain and use the stream channel name and key from each social media platform you have connected to Effi. We may use your connected account's information and applicable permission to perform certain actions such as, but not limited to, connecting, subscribing, following, liking, and viewing, accessing, and storing user-generated content from other platforms. By connecting any of your social media platform accounts to Effi, you agree to the terms of service and privacy policies of such other platforms, including:
- Twitch - Twitch Privacy Notice
- Facebook - Facebook Data Policy
- Instagram - Instagram Data Policy
3.3. Communications with Us. Registered Users may wish to provide us with comments, questions, and/or feedback concerning our Software or the Services. For utilizing certain features, you may also be required to provide us with instructions and preferences, including notes that we have to transmit to third parties such as other Registered Users. By communicating with us, you may provide us with Personal Data. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information unless otherwise required by law.
3.5. Questionnaires, Surveys, and Contests. Our Software may allow Registered Users to participate in questionnaires, surveys, and contests, which we may post via the Software from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personal Data in order to participate in the surveys. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information unless otherwise required by law. Survey, questionnaire, and contest information may be used for the purposes of monitoring or improving the use and appeal of our Software or for marketing purposes.
3.7. Third-Party Sources. We may obtain certain data about you from third-party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our services, other users, or third parties to enhance your experience and improve the services.
3.8.1. IP Addresses; Logs. Company may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your mobile device), your mobile device's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Software is being used, and for security and monitoring purposes.
3.8.2. Cookies. A cookie is a small amount of data, which may include a unique identifier, which is sent to your browser from a website and stored on your computer’s or mobile device's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our website and use them to recognize you when you return to our Software. If you want to block the use and saving of cookies from the Software, you should take the necessary steps within your web browser’s settings to block all cookies from the Software and its external serving vendors. Please note that if you choose to erase or block your cookies, you may not be able to access some or all of our Services. For information on how to disable cookies, refer to your browser’s documentation.
3.8.6. Geolocation Information. The Software may utilize the GPS feature on your mobile device to determine your location (your “Geolocation Information”). You must enable the GPS/location services for the Software on your mobile device in order for certain features of the Software to function effectively. We will obtain your consent to collect and process your Geolocation Information as required by law.
4. De-identified and Anonymous Data
5. How We Use Your Data
We may use your Personal Data for a variety of different purposes as set out in further detail below. In some cases, we will ask for your consent so that we may process your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent. Subject to applicable law, the purposes for which we use and process your Personal Data, and the legal basis for such processing, are set forth below.
5.1. In certain cases, subject to applicable law, consent is not required, including:
5.1.1. For the performance of a contract. To perform our contractual obligations to you, including to fulfill your request for our products, programs, services, orders, or purchases you have made, to perform contractual obligations pursuant to your status as a Registered User, to contact you in relation to any issues with your registration or account, in relation to the provision of the services and administration of your account, where we need to provide your Personal Data to our service providers, or to take steps in response to information or inquiries you may submit prior to entering into a contract with us, such as to fulfill your request to become a Registered User.
5.1.2. To comply with legal obligations. To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
5.1.3. Legitimate interests. To operate our organization and provide the services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of Personal Data. Legitimate interests may include:
- To maintain the Software and provide the products and Services, including for technical support;
- To administer your membership, verify your age, identity, and/or payment details, and to authenticate and authorize access to the Software and our Services;
- To communicate with you regarding the services or your account, including to provide you important notices regarding your account or changes to our Terms of Service;
- To address and respond to your requests, inquiries, and complaints;
- To protect the confidentiality or security of information;
- To develop, provide, optimize, and improve the Software and Services, including to better tailor the features, performance, and support of our products, services, and the Software, and for statistical and analytics purposes;
- For our direct marketing/advertising purposes;
- To send surveys in connection with our services;
- For fraud, loss, and other crime prevention purposes, including screening orders for potential fraud risk;
- To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties;
- To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process; or
- Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.
5.1.4. To protect a data subject’s vital interests. To protect the vital interests of you or of another person.
5.2. In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:
5.2.1. Marketing. Where we are not relying on our legitimate interests or another legal basis for processing Personal Data, we may ask for your consent to contact you by telephone, SMS, and/or email about other offers, products, promotions, developments, or services which we think may be of interest to you and for other marketing purposes.
5.2.2. Special Categories of Personal Data. We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access our Software or to become a Registered User. In the event we may need to collect such information to provide a specific service to you, we will obtain your consent as required by law. In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without your consent, such as to protect the vital interests of you or of another person.
6. Information Linked With Your Personal Data Is Protected
7. We Generally Do Not Disclose Personal Data to Unaffiliated Third Parties; Limited Exceptions.
7.1. Company Software Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Software, providing or facilitating Services or features related to the Software, collecting information, responding to and sending electronic mail, technical support, marketing and advertising, or other functions necessary to our business. We may need to share your Personal Data with these companies (collectively, “Company Vendors”). We will provide Company Vendors with only that information necessary to perform their functions, and Company Vendors are prohibited from using your Personal Data for any other purpose.
7.3. Legal. Company may disclose your Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process. If we receive legal process calling for the disclosure of your Personal Data, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted or feasible.
7.5. Statement to Residents of the European Economic Area. Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations.
8. Interest-Based Advertising
9. Data Subject Rights
Data subjects in the European Economic Area and certain other jurisdictions may have certain rights under applicable data protection law, including the right to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, subject to applicable law, you also have the right to:
- Request access to, modification or rectification, or deletion. You may have the right to request access to, modification of, or deletion of your Personal Data we maintain. Please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Software and any associated Services.
- Request restriction of processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
- Data portability. In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller.
- Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority.
To exercise your rights, you may contact us at firstname.lastname@example.org. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.
10. Discretionary Account Information. Opt-Out; Withdrawing Consent; Deleting Information.
10.1. Discretionary Account Information. To allow appropriate control over Personal Data, if you are a Registered User, you can change or update certain discretionary information associated with your account that you have previously submitted via the Software, including your contact information.
10.2. Opt-Out. If you receive bulletins, updates, or other promotional communications or marketing-related materials, we will provide you with the ability to decline - or “opt-out of” – receiving such communications. You may do so by following the unsubscribe instructions that appear in these email communications. Alternatively, you may contact us at email@example.com to opt-out of direct marketing. Please understand that you may not be allowed to "opt-out" of service or transactional messages or formal notices concerning operation of this Software, or legal and other related notices concerning your relationship to the Software.
10.4. Deleting Information. If you would like to delete all data associated with your account, email us at firstname.lastname@example.org This action is irreversible. Deleting your account will remove your name and all other Personal Data from our databases. Please understand, however, that it may be impossible to remove all such information completely due to backups and records of deletions. In addition, if you request deletion of your information, you will be unable to utilize associated features of the Software and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
11. Transfer of Data
Please note that if you are using the Software from outside the United States, your information may be transferred to, stored, and/or processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information, products, and services and/or to perform any requested transaction. By using any portion of the Software or Site, you acknowledge and consent to the transfer of your information to our facilities in the United States.
12. Data Retention
We will retain your Personal Data for as long as you maintain an account or membership or for as long as is necessary to provide the products or services, or for such longer period as may be required or permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
13. Links to Other Sites
We have strict security systems in place to protect the loss, misuse, or unauthorized access to the Personal Data you provide us, and we take all reasonable steps to secure and safeguard this information. However, due to the nature of Internet communications and evolving technologies, it is impossible to guarantee the security of transmitted data. We make no warranties or representations as to the security and confidentiality of any data you transmit. Any data you transmit to us is at your own risk, and we cannot guarantee that information may not be accessed, disclosed, altered, or destroyed by any breach of our safeguards.
15. Age Eligibility; Advisory
YOU MUST BE AT LEAST 16 YEARS OLD OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION TO CREATE AN EFFI ACCOUNT AND USE OUR SOFTWARE AND SERVICES. Individuals under the applicable age must at all times use our Services only with the approval and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, such parent or legal guardian is the user and is responsible for any and all activities under the account. We do not knowingly collect, use, or disclose the personal information of children. If you become aware that an individual under the applicable age has provided us with Personal Data without parental or guardian consent, please contact us at email@example.com. If we become aware that an individual under the applicable age has provided us with Personal Data without parental or guardian consent, we will take steps to remove the data as permitted by law.
16. Notice to California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information (as defined by California law) by Company to third parties for the third parties’ direct marketing purposes. As described above, we do not disclose users' personal information to third parties for direct marketing purposes. Nevertheless, if you wish to make such a request, please send an email to firstname.lastname@example.org or write to us at Effi Software LLC, 1333a North Ave #210 New Rochelle, NY 10804, Attention: Legal.
17. Do Not Track Notice
Certain web browsers allow consumers to enable "do not track" signals through which a consumer can signal to websites and online services whether the consumer approves of the collection of Personal Data about its online activities over time and across third-party websites and online services. Our Software does not respond to "do not track" signals.
18. Notification of Changes
19. Relationship to Terms of Service and Other Contracts
20. Further Resources
If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html
21. Contact Us
You may contact us, for any reason, by email as follows: email@example.com