By registering or using the Services, you confirm that you have read and consent to:
- the collection of your personal information as described in this Policy, particularly as noted in Section 1 of this Policy (including, for example, your contact information, demographic information, age, gender and dating gender preference), including information from social networking sites;
- the processing of your personal information, including your sensitive information (including, for example your dating gender preference, dating relationship experiences, ethnicity, religion and political views), as described in this Policy, particularly including those uses described in Section 2 of this Policy;
- the sharing of personal information with third parties as described in Section 3 of this Policy;
- the storage and processing of your personal information in the United States of America (and other countries) as described in Section 6 of this Policy;
- the use of your personal information to send you notifications, promotions and advertising by email, SMS, MMS, text message or push notification in accordance with Section 2 and Section 4 of this Policy; and
- the use of information in identifying your exact location when you have enabled features and functions of the Services that use your device’s location.
If you have any questions relating to the content of this Policy please contact us using the contact information set out below.
1. INFORMATION WE COLLECT
The categories of information we collect can include:
a. Information You Provide. When you register or use any of our Services or take part in any interactive features of the Services (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we may collect a variety of information, including:
- Facebook Information: In order to register as a user with Lively, you will be asked to sign up using your Facebook login. If you do so, you authorize us to access certain Facebook account information, including: your public Facebook profile (consistent with your privacy settings in Facebook), name, email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, videos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other Lively users.
- Contact Information such as your name, email address, phone number, including mobile phone number, and correspondence address (“Contact Information”); and
- Other Information such as birth date, photographs, videos, password, billing information, credit card information, demographic information, place of work, your personal interests and background, gender, age, dating gender preference, dating age range preference, physical characteristics, personal description, sexual life experiences, ethnicity, religion, political views and geographical location (including GPS). We may also receive information (for example, your email address) through other users, for example, if they have tried to refer Lively to you.
b. Information About How You Use the Services. We may collect information about your participation and actions on the Services. This may include information such as the pages and profiles you view, how you browse the Services, and purchases you make through the Services. It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, or your use of our applications.
c. Information from Content You Upload. When you upload photos, videos or other content to the Services, we may collect information about the content, such as the time, date and place the photo, video or content was taken or uploaded, and how you use them, who views them or with whom you share.
d. Information Automatically Collected. When you access our Services, we and our third party partners automatically record information from your device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave our website, date and time stamp and one or more cookies that may uniquely identify your browser or your account. When you access our Services using a mobile device, we may also receive or collect identification numbers associated with your device (such as a UDID, IDFA, Google AdID and Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, if you have enabled features and functions of the Services that use your device’s location, your geographical location data (including GPS). We also collect information about your usage of, and activity on, our Services. Also, some of the information we collect, for example an IP address, can sometimes be used to approximate a device’s location. We may work with third parties to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices so that we understand how you use our Service across various devices.
f. Your Communications with Us and Other Users. We collect communications you send to us (such as emails), comments that you post on the pages we have on a third-party service, such as our YouTube, Twitter and Facebook pages and messages that you send us directly through those services. We may also collect any comments, photos, videos, messages or other content or communications you and other users share on the Services.
g. Third-Party Social Networking Sites. In order to use Lively, you must sign up and sign in using your Facebook login. You may also connect or link your Lively account to another third-party social networking or similar site or mobile or other application (collectively with Facebook, the “Social Networking sites”, and each a “Social Networking Site”), such as Instagram, Google+ or Twitter. If you do so, you authorize the Company to access and use certain information about you that is made available to the Company through or from that Social Networking Site. The information obtained by the Company varies by Social Networking Site and may be affected by the permission and privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, public Facebook profile, network, gender, username, user ID, age range or birthday, place of work, language, location, country, interests, photos, photos you are tagged in, videos, contacts list, friends lists or followers and other information such as information about Facebook friends you might share in common with other Members. By accessing or using our Services through a Social Networking Site, you are authorizing the Company to collect, store, retain and use, in accordance with this Policy, any and all of your information that the Company has obtained from the Social Networking Site, including to create a Lively profile page and account for you (including creating videos from your photos and videos and photos and videos you are tagged in on Facebook). Depending on the Social Networking Site’s features and your privacy settings, the Company may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you "accept" or "allow" or “go to” (or other similar terms, such as tapping “OK”) our application from a Social Networking Site, go to a Social Networking Site from our application, when you sign up or login to the Lively application through Facebook (such as by tapping “Sign up with Facebook” or “Log in with Facebook” on the Lively application), when you otherwise connect or link your Social Networking Site to the Lively application, or the transfer of information to Lively from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that the Company is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about the Company or Lively that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services.
h. Location Data. When you have enabled geographical location-based or GPS services on your device in relation to our mobile app or any features or services that use geographical location-based or GPS information, we will collect information about your geographical location or GPS position based on the location of the device you are using to access our Services.
i. Information Provided by Others. We may be provided with information relating to you or your conduct on the Services by other users of the Services. We also collect information that third-party organizations may provide to us, such as contact details, demographic information, Internet navigation details, credit reference or fraud prevention information. Financial institutions or payment processors may also provide us updated payment information or payment methods related to your paid account or paid services.
j. Address Book. We may also offer you the ability to import your address book contacts or manually enter email addresses so that you can (i) locate your contacts on the Services or other products or services offered by the Company; or (ii) invite your contacts to join you on the Services or other products or services offered by the Company. We will store those contacts for purposes of alerting you when your contacts join the Services or other products or services offered by the Company at a later time, so that you may connect with them on Lively or other products or services offered by the Company, and to suggest friends and connections to other members of the Services or other products or services offered by the Company.
2. USE OF INFORMATION WE COLLECT
We use your personal information for purposes described in this Policy or disclosed to you on or in connection with our Services (e.g., through “pop-up” disclosures or consent mechanisms that may appear when you access certain services, features or applications). The ways in which we may use this information include to:
- Provide the requested Services: to administer and maintain your Lively account and generally provide the functions and features that are part of the Services (including providing communications as described below). We will use all categories of information described in Section 1 to do this. This includes using your information as described in this Policy and providing the functions and features of the Services to you;
- Analyze and develop our products and services: to develop, deliver, measure, monitor, analyze and improve our Services or other products or services offered by the Company and develop new products and services. We will use all categories of information described in Section 1;
- Communicate with you: to respond to your comments and questions and provide customer service, to provide any messaging or communications associated with the functions and features of the Services (including by email, SMS, MMS, text message or push notification), to keep you posted on our latest product or service announcements or updates, software updates, security alerts and any technical notices, to provide you with confirmation of purchases, invoices, support and administrative messages or notice about changes to our terms, conditions or policies. We will use your Contact Information when we communicate with you. Where it is relevant to the issues we are contacting you about we may also use the other categories of information described in Section 1 above;
- Protect the Services and the Company’s property: to detect and prevent abusive, fraudulent, malicious or potentially illegal activities, and to protect the rights, safety or property of the Company or our users. We will predominantly use information about how you use the Services and information provided by others (such as reports from other users relating to your conduct on the Services), although we may use other categories of information described in Section 1 where they are relevant for this purpose;
- Promotions and advertising: to communicate with you about and administer contests, promotions and rewards, upcoming events and other news about products and services offered by the Company and our selected partners that may be relevant to you, your interests and how you use the Services, including marketing and advertising communications. We may use all categories of information described in Section 1 for this purpose. We will use your Contact Information for direct communications with you.
For information on your marketing and advertising options see the “Marketing Choices” section below.
- Geographical or GPS location-based services: in addition to the uses described above, to provide features of the Services that may be relevant to you and your geographical location or GPS information, such as Services provided through our mobile apps that may allow users to see more information about each other, for example, common restaurants or points of interest visited or seen; you should always check the location-based settings on both your device and on the Services to manage such services;
- Perform other functions as may otherwise be described to you at the time of collection or as enabled by you in relation to our Services or other products or services offered by the Company; and
- Link or combine information about you with other information we get from third parties to help understand your needs and provide you with a better service.
3. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
Our Services allow you to share information about yourself with other individuals and other companies, including other users and potential users of the Services or other products or services offered by the Company and third-party Social Networking Sites. Consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile, as profiles include basic information that was provided at registration, information provided through a Social Networking Site, and may include other information added by you or your friends (for example, your religion, ethnicity and physical characteristics), as well as information about your use of the Service (for example, whether you were recently logged in to Lively). Please review our Online Dating Safety Tips included at the bottom of this Policy for tips in using our Services.
Information on your profile is viewable by other users or visitors to our Services, and may also be viewable through public search or on third-party sites that you use. We do not control who reads the information you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal information. Also, when sharing information about others, please consider their safety and privacy and get their consent for that sharing.
We may share information with third parties as follows:
a. with third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving advertisements, providing fraud detection services, processing payments or providing analytics or attribution services;
b. with our business partners who offer a service to you jointly with us, for example, when running a contest or promotion;
d. in connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings; and
We may also share information with others that is not personal information or that is in an aggregated or anonymous form that does not reasonably identify you directly as an individual.
For further information on your marketing and advertising options see the “Marketing Choices” section below. Lively is an application operated by Zoosk, which also operates the zoosk.com websites and applications as of the date of this policy. Note that the term “third party” does not include companies in the same group of companies as Zoosk, Zoosk’s subsidiaries (that is, any organization Zoosk owns or controls) or our ultimate holding company (that is, any organization that owns or controls us) and any subsidiaries that our holding company owns. Unless otherwise indicated, these companies will use your personal information in the same way as we can under this Policy.
4. MARKETING CHOICES
a. Communications from Us. By registering for our Services, you consent to receive email messages from us. You can opt out of receiving certain messages from us by clicking the “unsubscribe” or “opt-out” link on these email communications. Note that you are not permitted to unsubscribe or opt out of non-promotional messages regarding your account, such as technical notices or purchase confirmations, or our ongoing business activities in order to provide the Services to you.
b. Advertising and Third Party Advertising Networks. We may use, share or permit third party advertising networks or similar third party partners to collect information about your browsing and usage activities over time and across websites and applications when you use our sites or Services. Typically, the information is collected through cookies, pixels or similar technologies which recognize the device you are using and collect information, including hashed data, click stream information, browsing and usage activities on our site and applications and on other sites and applications around the Web, browser type, time and date you visited the site, and other information. This information is typically used to display targeted ads on or through our Services or other products or services offered by the Company, or to our users or visitors to our websites on other websites or apps, including on Facebook.
Please note that you may not be able to limit all advertising and tracking on your mobile device.
5. ACCESS TO YOUR INFORMATION AND ACCOUNT MANAGEMENT
Please note that if you change information in your account or otherwise opt out of receiving certain communications, this will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
6. TRANSFER AND SECURITY OF INFORMATION
The personal information we collect from you may be transferred to, and stored in the United States of America and other countries. The countries your personal information is transferred to may not provide the same level of protection as the country you are resident in. Lively will take reasonable measures to help protect your information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration or destruction and to treat it in accordance with this Policy. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. We urge you to keep your personal information safe (including your account password). Please see the United States Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
7. AGE RESTRICTIONS
Although our website is a general audience site, we restrict the use of our Services to individuals age 18 and above. We do not intentionally collect or maintain personal information from children under the age of 13. If you become aware that personal information about a person under 13 has been provided to us, please immediately contact us using the details below.
8. LINKS TO THIRD PARTY WEBSITES
The Services may, from time to time, contain links to and from third party websites of our partner networks, advertisers, partner merchants, retailers or affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please always check the privacy policies that apply to a third party site before you provide any information to the website.
9. UPDATES TO THIS POLICY
We reserve the right to modify this Policy from time to time. If we make changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.
10. CONTACTING LIVELY
If you have questions about this Policy, please contact us at firstname.lastname@example.org or by writing to us at: Zoosk, Inc., Attn: Lively Privacy Matters, 989 Market Street, 6th Floor, San Francisco, CA 94103.
11. LAST REVISION DATE
This Policy is effective as of June 15, 2016.
What are cookies?
Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies can be recognized by the website that downloaded them or other websites that use the same cookies. This helps websites know if the browsing device has visited them before.
What are web beacons?
Some of our web pages may contain electronic images known as web beacons (sometimes also called clear gifs or pixel tags). Web beacons are usually a small image located on a webpage or email that you are viewing. The request your Internet-connected device makes to fetch the image from the server/computer it is stored on is recorded and provides us with information such as the IP address of the computer wanting to view the image, the time the image was viewed, and the type of browser viewing the image. This information is available to any website you visit. For example, we are able to use it to help us deliver cookies, count visits, prevent fraud and to tell if an email or advertisement has been opened and acted upon. In short, cookies work together with web beacons to accomplish the functions and purposes described herein.
What are cookies used for?
Cookies do lots of different jobs, like helping us understand how our website is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience. Cookies can also help ensure advertisements you see online are more relevant to you and your interests.
What types of cookies does the Company use?
Strictly Necessary Cookies
These cookies are essential to make our website work. They enable you to move around our site and use its features. Without these cookies, services that are necessary for you to be able to use the site such as accessing secure areas can't be provided.
These cookies collect information about how people are using our website, for example which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. These cookies don't gather information that identifies you. All information these cookies collect is grouped together with information from other people’s use of the website on an anonymous basis. Overall, these cookies provide us with analytical information about how our website is performing and how we can improve it.
These cookies allow us to remember choices you make and tailor our website to provide enhanced features and content to you. For example, these cookies can be used to remember your username, language choice or country selection and they can also be used to remember changes you've made to text size, font and other parts of pages that you can customize. In addition, they may be used to provide services you've asked for such as using our chat program.
These cookies are used to deliver advertisements on our Company Service and to deliver advertisements on other sites and applications around the Web to users that have visited or used our website or services, or to deliver advertisements about our services that are more relevant to you and your interests. These cookies are also used to limit the number of times you see an advertisement as well as help measure and report the results and effectiveness of an advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertisers. This means after you have been to our website you may see advertisements about our services elsewhere on the Internet.
Social Media Cookies
Fraud Prevention Cookies
These cookie files, flash storage tokens, smart phone SDK applications, or other software on the end user’s device contain a unique identifier. Subsequently, in transactions between you and us, that identifier is accessed and checked through third party databases to determine if the device has been associated with suspected fraud or abuse reported by other online service providers in connection with prior transactions involving that device.
How long will cookies stay on my browsing device?
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device after you have finished browsing and until they expire or are deleted.
First and third party cookies
“First party cookies” are cookies that belong to the Company, while “third party cookies” are cookies that another party places on your browsing device when you visit our website or use our Service. Both first and third party cookies can be analytics, functionality, and advertising cookies.
Third parties setting cookies through our website provide a service to us or a function of our site, but we do not control how third party cookies are used.
How to manage cookies from this website
Our Cookies (first party cookies)
The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to use the browser that you are viewing this website with to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note that if you set your browser to disable cookies, you may not be able to access secure areas of the website and other parts of the website may also not work properly. We do not respond to Do Not Track signals from your browser at this time.
You can find out more information about how to change your browser cookie settings by referring to your browser’s technical information, or at third-party information sites like www.allaboutcookies.org.
Third Party Cookies
We also allow other advertising networks to deliver cookies when you are viewing our website. The advertising networks we use may also be members of the National Advertising Initiative or the Digital Advertising Alliance. To learn how to opt out of advertising targeting from their respective members visit www.networkadvertising.org and www.aboutads.info/choices. You may also manage certain advertising cookies by visiting the EU-based Your Online Choices at www.youronlinechoices.com/uk/your-ad-choices.
ONLINE DATING SAFETY GUIDE
Tips to help you make your dating experience safe, fun, and comfortable
When you begin dating online, it's a good time to think about what you want from a relationship. It's also a good time to think about how to safely meet and interact with new people. Remember, Lively doesn't provide background checks on our members and though we take steps to protect our members, ultimately, your online and offline safety is your responsibility and should be your top priority. Use these tips and common sense practices to help you look for a fulfilling relationship.
Creating Your Profile
Protect your identity and personal information
Don't include your last name or any other identifying information in your profile or initial communications.
Don't Use Contact Information
Don't include your contact information such as your email address, home address, or phone number in your profile or initial communications.
Protect Your Password
Use caution when accessing your account from a public or shared computer or device so that others can't view or record your password or personal information.
Get to know people and evaluate your relationships
Communicate through Lively
Act with caution and learn more about someone and evaluate the relationship before contacting him or her outside of Lively on the phone or through your personal email or social media accounts. Also, consider using an anonymous email address for contacting people outside of Lively.
· Take Your Time
Sometimes when you're excited about someone, your instincts can be confused by strong feelings. Take your time to get to know someone before sharing your full identity or personal information.
· Do Your Own Research
Don't get a false sense of security because you're on a dating app; do your own research to learn more about someone and make informed decisions before you meet. Check to see if the person you're interested in is on other social networking sites, do a web search to see if there are other records of the person online, and use government resources that are publicly available and paid services. LIVELY DOES NOT ROUTINELY SCREEN OUR MEMBERS, INQUIRE INTO THE BACKGROUND OF OUR MEMBERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR MEMBERS, OR CONDUCT CRIMINAL SCREENINGS OF OUR MEMBERS.
· Never Send Money
There is no reason for anyone to ask you for money or your financial information. Always keep your bank and account information private.
· Report Suspicious Behavior
Be smart and take precautions
Going on a date with someone new is an exciting step in a relationship, but continue being careful. When meeting someone in person for the first time, take precautions and consider these dos and don'ts.
· Let friends or family members know where you're going and when you'll be home
· Meet in a public place with lots of people around
· Use your own transportation to get to and from the date
· Watch your alcohol intake
· Keep your wallet, phone, and personal items with you
· Leave at any time you feel uncomfortable
· Bring your cell phone with you
· Arrange to contact a friend when the date is over
· Go on your date without telling anyone
· Meet somewhere isolated or at your or someone else's home
· Allow your date to pick you up at your home or place of work
· Leave your drink unattended
· Leave your personal items unattended
· Feel pressured to stay or do anything
· Go to a place where you can't contact anyone
· Return from your date alone, without telling anyone
Report suspicious behavior right away
Remember that people aren't always what they seem. If you suspect that someone you're talking to may be a scammer, stop your communications and immediately report him or her. To report and block a member, visit his or her profile and select the "..." button.
A few examples of common scammer behaviors to report immediately include:
· asking you for money or financial information—especially to help pay for travel expenses or medical bills
· contacting you from another country (or claiming to be from your country but stuck in a foreign country)
· refusing to meet in person or talk on the phone
· claiming to love you right away or pushing for a serious relationship without getting to know you or meeting in person first
· pressuring you for your phone number, email, or other personal or financial information right away
· asking to communicate through a channel other than Lively right away (e.g., texting, calling, using another site or app, etc.)
· often repeating things or seeming disconnected from communications
· dodging your questions without providing answers, or replies to your messages seem off-topic, trying to sell you products or services
· offering you a job opportunity
· directing you to other websites or a pornographic site
To learn more details about ways to help you stay safe while dating online visit the Federal Trade Commission's Online Dating Scams site at http://www.onguardonline.gov/articles/0004-online-dating-scams.