Please read these Terms of Service and our Privacy Policy (collectively, the "Agreement") carefully before using the Dogspan application software, website (collectively our “Apps”) provided by developer (Dogspan LLC, Dogspan APP, or "we," or "us"). By using any of our Apps, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the App. Dogspan APP reserves the right to make unilateral modifications to the terms of the Agreement. This Agreement applies to all visitors, users, and others who download, access or use the Apps (“Users").
There is no age limitation for using the Apps, but you must be of legally minimum age (13 years in USA) to create an account on any of the Apps.
Apps
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, non commercial use, and only in accordance with the features of the App as it is marketed by Dogspan APP. Dogspan APP reserves all rights not expressly granted herein in the App and the Dogspan APP IP (as defined below). Dogspan APP may terminate or suspend this license at any time for any reason or no reason.
Commercial Use
You may not use the App for commercial purposes. It is forbidden for any third parties to use any content from the App for commercial purposes as well.
Usage Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the servers used by App than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. Dogspan APP shall have no liability for conduct in relation to your use of our App.
You accept and acknowledge that Dogspan APP is not responsible for User Content which is shared through the app or the use of the services and that it cannot be assumed that Dogspan APP approves or recommend the User Content.Dogspan APP is not obligated to subject the User Content through a prior screening, control, modification or erasure. If the User Content violates these terms and conditions, you are legally responsible for the possible consequences.
You acknowledge that User Content shared through the use of the app, can remain visible on the app after termination of our agreement, if it has been shared by other Users.
Community Guidelines for User-Generated Content
The purpose of the Apps is to build a community of fans to engage in positive and productive conversation. A team at Dogspan APP monitors the app and all community hubs daily to make sure postings and discussions are appropriate in nature.
By posting/using the mobile Apps- you agree that we may use your likeness or comments to promote the Apps brand. We reserve the right to remove content and/or block you from the community page if your posts are deemed inappropriate due to the following:
Sexually Explicit Content
• We prohibit accounts that promote or distribute pornographic content.
• Never post, save, or send nude or sexual content involving anyone under the age of 18 — even of yourself. Never ask a minor to send explicit imagery or chats. We report child sexual exploitation to authorities.
Harassment & Bullying
• We have zero tolerance for bullying or harassment of any kind.
• Don’t send a photo with the intention of making someone feel bad. If someone blocks you, don’t try to contact them from another account.
• If someone is in your photo and asks you to remove it, please do!
Threats, Violence & Harm
• Never threaten to harm a person, a group of people, or someone’s property. Encouraging violence is prohibited.
• Don't post photos of gratuitous violence, including animal abuse.
• We don’t allow the glorification of self-harm, including the promotion of self-injury or eating disorders.
Impersonation & Spam
• Don’t pretend to be someone you’re not — this includes your friends, celebrities, brands, or other organizations — or attempt to deceive people about who you are.
• We prohibit spam and deceptive practices.
Hate Speech & False Information
• Don't post any content that demeans, defames, or promotes discrimination or violence on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or veteran status.
• We prohibit malicious deception and deliberately spreading false information that causes harm, such as denying the existence of tragic events.
Illegal Content
• Don’t use Dogspan APP for any illegal activities — including to buy or sell illegal drugs, contraband, counterfeit goods, or illegal weapons.
Terrorism
• Terrorist organizations are prohibited from using our platform and we have no tolerance for content that advocates or advances terrorism.
Please DO NOT post user-generated content that:
· Contains language, images or video that is determined to be profane, obscene, vulgar or lewd;
· Uses language that can be perceived as derogatory or discriminatory (including comments about sex, age, race, sexual orientation, political or religious affiliation);
· Spamming comments posted regarding the same content matter, links, video, or any other media;
· Use of specific names of individuals, clubs or identifiable names with language that defames, abuses, or threatens;
· Promotion of any advertisement for products or services (unless approved by Dogspan APP)
Please remember that you can always report inappropriate content or activity using our in-app reporting feature. We review these reports to determine whether there is a violation of these Guidelines and any action needs to be taken.
If you violate these Community Guidelines, we may remove the offending content, terminate your account, and/or notify law enforcement. If your account is terminated for violating our Terms of Service or these Guidelines, you may not use Dogspan again. Please take these Guidelines seriously and honor them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think best reflects these values in each situation at our sole discretion.
Further Terms Regarding User Content
Some areas of the App provide Users the capability to create, share and post content such as profile information, photographs, videos, images, musical works, sound recording, narration, text and other material used to create a video clip, audio clip, picture, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App are “User Content”). We claim no ownership rights over User Content created by you. Dogspan APP has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Dogspan APP reserves the right, but is not obligated, to reject and/or remove any User Content (that Dogspan APP believes, in its sole discretion, violates these provisions, wholly or partially.
In case of any reported violation, Dogspan APP reserves the right, but is not obligated, to request information and/or documentation proving ownership of Intellectual Property Rights, or information and/or documentation proving existence or absence of violation. You accept and undertake to provide any such information and/or documentation. Submission or not submitting said information and/or documentation will not automatically result in Dogspan APP deciding in favor of or against the existence of a violation. Any such determination will be made and resulting actions will be taken based on the sole discretion of Dogspan APP. You agree not to make any claims concerning actions taken or not taken by Dogspan APP in this respect.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the necessary rights to post the related User Content and to grant the below mentioned rights to Dogspan APP and other Users, that you do not post User Content if you are not the copyright owner of or are not fully authorized to use such content as foreseen hereunder and to grant the rights regulated herein. If you own or possess the rights only certain elements in the User Content and/or if there are co-owners and/or all or part of the rights in and to the User Content belong to third parties, you must obtain the necessary and legally valid and binding permission/authorizations for use of said content, or refrain from using such content in the App. Dogspan APP will in no way be deemed responsible or liable to obtain any licenses on behalf of you or related to your User Content.
Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
Dogspan APP may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Dogspan APP takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the App. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.
User Content License Grant
If you share your User Content with the Apps or link your User Content to the Apps on a third party service (including, for example, by using the tag #Dogspan on Instagram or tagging #Dogspan on Facebook, or by uploading any App edited content to TikTok), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dogspan APP a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to maintain in its servers, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of and/or sub-license for purposes that Dogspan APP deems fit all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and Dogspan APP’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels. You hereby understand and declare that the aforementioned license grant includes Dogspan APP’s right to list your User Content and/or any part thereof in such sections as “favorites”, main screen and other screens in the App and related advertising materials. Furthermore, such grant includes the right to allow other Users to use any part or element (e.g. music) of your User Content, and to publish their own content, which may include a part or element from your User Content in the App or any other media they deem fit. You agree that this license includes the right for Dogspan APP to make all publicly posted User Content available to third parties selected by Dogspan APP, so that those third parties can distribute and/or analyze such Content on other media and services.
In addition, you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, share, display, adapt, prepare derivative works of, compile, make available, communicate to the public and perform such User Content, along with your username, to the extent permitted by the functionality of the Service and in accordance with these Terms and our Privacy Policy.
In-app Purchases
Any of the aforementioned Apps may offer users the ability to earn or purchase “stars” in app that can be used to exchange for profile followers or video likes on the TikTok application. The pricing for such “stars” will be listed in the respective application and purchases will take place using the iTunes or Google Play in-app purchasing methods. “Stars” have no inherent value and are solely for entertainment purposes but can be used to request followers or like actions in the Apps.
Note that when a user requests TikTok profile followers for example, we make an effort to promote that user’s profile to the other app users until the number of followers purchased matches the number of users who tapped the “Follow” button on the app. In other words, we can only guarantee that we will get a user the number of Follow button taps inside of the Dogspan APP that they pay for. This may be less than the number of "Follows" that a user gets inside the TikTok app. We are unable to control what the user does after they tap “Follow” in our App. Tapping follow launches the TikTok application and the user must tap ‘Follow’ again in the TikTok application in order for a successful following to have taken place. It is likely that some minority percentage of users will not complete this second step and thus a successful follow will not have occurred. Importantly, if a user’s TikTok profile is set to “private” before or during a promotion they requested in a Dogspan APP, the following will not be possible. This is disclosed in the Apps and is the user’s responsibility to monitor.
Furthermore, once a user follows another user on TikTok, there is nothing VA APPS can do to control whether that user chooses to unfollow that account. Retaining followers depends on a number of factors including but not limited to: the followers intentions, the quality and quantity of content on the followed account and other factors. The user who owns/controls the followed account is in a position to retain those followers through their actions and are encouraged to do so.
All of the above also applies to buying “Likes” on TikTok videos through Dogspan APPs applications. In short, Users need to tap inside of the App and then again inside of the TikTok app. Those users can then “unlike” any video at any time as well.
Fulfillment Timing of Requests
Because the followers and likes requested in the Apps are real people, and not bots or some other type of automated service, it takes time for the followers and likes to accumulate. We promote accounts and videos to our users until we get the requested number of taps on the Follow or Like button in our Apps. The user's username and/or TikTok profile picture will also determine how fast they will get the taps they requested.
The speed of Follow and Like delivery also depends on other factors such as the number of users of the Apps at the time of the promotion and the uptime of TikTok and the Google Play app store, and other factors.
There is always a risk that a user will not get the requested number of Follows or Likes in any App at any time. It is impossible for us to deliver all the requests in full for a variety of reasons, many of which are outlined above.
If you are dissatisfied with the purchase you made, you are free to request a refund from iTunes or Google Play as they are the party who accepted and facilitated payment.
Indemnity
You agree to defend, indemnify and hold harmless Dogspan APP and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.
No Warranty
THE APP IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dogspan APP OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Dogspan APP, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, IS IN COMPLIANCE WITH ANY APPLICABLE LEGISLATION, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.
Dogspan APP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPS OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Dogspan APP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dogspan APP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL Dogspan APP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dogspan APP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Dogspan APP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Dogspan APP PRIOR TO THE DATE ON WHICH THE RELATED DAMAGE TOOK PLACE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Dogspan APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AND Dogspan APP AGREE THAT YOU AND Dogspan APP MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Trademark Information
You agree that all of the Apps trademarks, trade names, service marks and other APPs logos and brand features, and product and service names are trademarks and the property of Dogspan APP (the "Apps Marks"). Without prior permission, you agree not to display or use in any manner the APPs Marks.
Procedure for Making Claims of Copyright Infringement
We respect intellectual property rights, including copyrights. The use of any material or content (including video or sound) is prohibited if you do not own the related intellectual property rights, or own the necessary licenses. We reserve to take down any content that violates intellectual property rights.
If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information : (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the App of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Dogspan APP’s Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
Dogspan APP may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users.
Violations
Please report any violations of the Services to us: [email protected]
Updates to this Policy
We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.
PRIVACY POLICY
This Privacy Policy describes how Dogspan APP (Dogspan APP, “we” or “us”) protects your privacy when you use any application software, website (collectively our “App”or “Apps”).
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE THE APPS.
If you live in the European Union, you confirm to have reached the legally required minimum age in your country for the processing of your personal data and that you have the approval of someone with parental authority.
This Privacy Policy applies to information (including personal information) collected through the Apps. For the purpose of this Privacy Policy, “personal information” means information that identifies you personally, either alone or in combination with other information available to us. Personal information does not include technical, device, or usage information that cannot be used to identify you personally, nor does it include “aggregate” information, which is data we collect about the use of the Apps or about a group or category of services or users, from which individual identities or other personal information have been removed. This Privacy Policy in no way restricts or limits our collection and use of aggregate and non-personal information, and we may share such data about our users with third parties for various purposes.
Who is responsible for the processing of your personal data
Dogspan APP acts as a data controller for the collection and processing of your personal data. In case of in-app purchases Dogspan APP acts together with the payment service provider, each for its own responsibilities. For example: the payment service provider, and not Dogspan APP, is responsible for the processing of your data for the financial transaction and for invoicing your in-app purchases to you.
The What & How of Information We Collect
User Content: We collect your personal information contained in any User Content you create, share, store or submit to the App, which may include photo, video or other image files, music works, sound recording, narration, written forum comments, information, data, text, scripts, graphics and interactive features generated, provided or otherwise made accessible by Apps.
Furthermore, for apps where we collect email addresses as part of the registration process, we reserve the right to store those email addresses and use them to send email to users to inform them of new app features from time to time. By submitting your email address you agree to receive marketing and promotional emails from ViralMedia.App. Note you can unsubscribe from such emails at any time by clicking the unsubscribe link at the email footer.
Content and Metadata – User Content may be accompanied by additional Content such as a hashtag (e.g., to mark keywords), comments, or may include metadata like a geotag. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using others’ APIs then your latitude and longitude will be stored with the photo and may be searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
Use of other technology to collect information:
When you access the Apps by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device ("Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
Purposes of data processing. How We Use Your Personal Information
We may use personal information collected through any of the Apps:
a. to communicate with you or third parties, including payment service providers;
b. to process your requests and transactions;
c. to improve the Apps and to share with you any updates, upgrades and notices concerning the Apps;
d. to customize the services and/or products we provide to you;
e. to assist with our product and service development;
f. to assist with our product and service development;
g. to make statistical and other analysis about the use of our services;
h. to attempt to detect abnormal use or fraud;
i. to take the appropriate technical and organizational security measures in order to protect your personal data;
j. to comply with legitimate requests or orders from competent public authorities and courts, including data protection authorities;
For Users in the European Union: legal grounds for processing of your personal data
For the purposes described above under point a,b,c,d Dogspan APP invokes the necessity of the data processing for the execution of the contract with you.
For the purposes described above under point e,f,g Dogspan APP invokes its legitimate interest.
For the purposes described above under point h and i Dogspan APP invokes its legal obligations (including art. 32 GDPR, security of processing personal data).
Sharing Your Personal Information
Personal information (and non-personal information) collected through the Apps may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your personal information (and non-personal information) with third parties to serve you relevant advertising and market our products.
Digital Advertising
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Subject to your settings, we provide certain Information to Advertising Providers who will use them to serve you with ads. This information may contain the following, without limitation: age, gender, device unique identity or other device identifiers and settings, information about your use of the Services or other Internet sites, information about advertisements. To exercise these rights, please use the relevant tools within the application settings. For security reasons, we will only be able to respond to your request if you confirm your request with your email address. If you want us to correct data, we ask you to clearly specify which personal data are inaccurate and to provide us with proof of why they are inaccurate.
Dogspan APP sends your data to the USA if and to the extent necessary for the provision of our services. The security of your personal data is regulated under the EU-US Privacy Shield (https://www.privacyshield.gov) for the recipients certified thereunder.
For Users in the European Union: data retention period. How long do we process your personal data?
Your personal data are processed for as long as necessary for the processing purposes mentioned above. Dogspan APP will de-identify your personal data when these are no longer necessary for the said purposes, unless:
· a legitimate interest of Dogspan APP or a third party to archive your personal data in an identifiable form prevails over your interest to de-identify;
· a legal measure, mandatory public authority measure or court order prevents such de-identification.
For California Residents and Users in the European Union: what rights do you have related to the processing of your personal data?
You have the right to:
· request access to all personal data we process about you;
· request that we correct any personal data we process about you that are inaccurate, incomplete or outdated.
· object to the processing of your personal data if you have serious and legitimate reasons relating to your specific circumstances that justify such an objection.
· request that we delete all personal data we process about you if those data are no longer necessary for the purposes for which they were collected.
· withdraw your prior consent for your personal data to be processed. In this respect, you need to be aware of the fact that this request will be assessed and weighed against:
o our overriding interests;
o any legal or judicial decisions that oppose the erasure
· request that the processing of your personal data be restricted. This is possible when:
o you dispute the accuracy of the personal data;
o processing is unlawful;
o the personal data are no longer necessary for the purposes outlined above, but when you need the data for your defense in the context of legal proceedings;
· obtain your personal data from us in a structured, commonly used and machine-readable form. If you so wish, you have the right to provide your personal data to another service provider (= right to transferability of data).
To exercise these rights, please use the relevant tools within the application settings. For security reasons, we will only be able to respond to your request if you confirm your request with your email address. If you want us to correct data, we ask you to clearly specify which personal data are inaccurate and to provide us with proof of why they are inaccurate.
Your right to object to the processing of your personal data for direct marketing purposes is free of charge and can be exercised without having to state grounds by clicking the "unsubscribe" link in any promotional or commercial e-mail we send you.
We will try to respond to any request in a timely manner. Please note that we are within our rights to decline your request if this is clearly intended to cause Dogspan APP or our affiliated organizations harm or prejudice, e.g. by sending frequent (unfounded) requests in a short period of time. We also reserve the right to review your request for erasure against statutory or regulatory obligations that conflict with such erasure.
Links to Third Party Websites
Apps may contain links to and from third party websites of our business partners, advertisers, and social media sites. 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 check the individual policies before you submit any information to those websites.
CHILDREN UNDER 13
There is no age limitation for using any of the Apps, but you must be of legally minimum age (13 years in USA) to create an account on the Apps. If we receive a valid notice through [email protected] that a minor under age of 13 has provided us with personal information, we will take measures to delete it as soon as possible.
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 (if any) by Dogspan APPs to third parties for the third parties’ direct marketing purposes. To make this request, please email [email protected]
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To exercise these rights, please use the relevant tools within any of the Apps settings. For security reasons, we will only be able to respond to your request if you confirm your request with your email address. If you want us to correct data, we ask you to clearly specify which personal data are inaccurate and to provide us with proof of why they are inaccurate.
Changes to this Privacy Policy
We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy that we think materially alter your rights, then we will post the latest policy to this site and change the "Last Updated" date below. We encourage you to review this Privacy Policy whenever you visit the Apps to understand how your personal information is used.
Last Revision Date
This Policy was last revised on, and effective as of 14 Jun, 2023.
© 2022, Dogspan APP