Last updated: Nov 1, 2023
Dear user,
Vibespot, LLC, its subsidiaries and affiliates, as applicable (collectively, “Vibespot” or “we” or “us” or “our”), appreciate your business, visit to, and use of our mobile application and related website(s) (collectively, the “Platform”). The Platform is an interactive medium comprising content, geolocational information, products and services which enable users (collectively, the “user” or “users” or “you” or “your” or “yourself”) to (i) obtain real time information about goings-on in different venues (collectively, “Venues” and each, a “Venue”) in relation to events, scenes, settings and other gatherings of people (collectively, “Events” and each, an “Event”), including, without limitation, the Venue Metrics (as defined below), (ii) communicate or broadcast real time information about Venues they are at, including, without limitation, the Metrics, across different mediums, including, without limitation, Facebook, Instagram, Snap Chat and Twitter (collectively, “Third-Party Social Networks”), (iii) interact discretely or openly with other Platform users at the applicable Venue, (iv) rate, comment and provide real time feedback about the Venue, including, without limitation, the type of Event(s) at the Venue, information on the vibrancy and the relative demographic of the Venue attendees (collectively, the “Metrics”), (v) earn points, rewards, coupons and other benefits based on their use of, and engagement on the Platform, and (vi) advertise on the Platform (collectively, the “Services“). The kind of information that can be created, accessed, shared, stored, upload, posted, linked, retrieved and otherwise made available by Vibespot, users, and other third parties, as applicable, on or through the Platform, within the Platform, with the general public or with Third-Party Social Networks includes, without limitation, photos, images, graphics, emoticons, text, instant and other messages, videos, audio, live streaming, among others (the “Content”).
As a visitor to our Platform and user of our Services, we consider the privacy of your Content, whether corporate or personal, to be of paramount importance and at the top of our priorities. Information we gather from you as a user, not only facilitates interactions and transactions between us and you and other users, but also helps us continually improve your Platform experience.
Towards assuring you of the security and protection of the Content you provide us when purchasing or using our Platform Services, we outline below our policy that governs the use of this Platform, to protect your personal data as informed by the requirements of law (the “Privacy Policy”). By accessing and browsing the Platform and/or using our Services, you are agreeing to be bound by and affirm that you are conversant with our Privacy Policy, as amended and modified from time to time, and its limitations or qualification. Please read it carefully. Please also note that we may, at our sole discretion, modify or revise our Privacy Policy at any time by updating the text of this page without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Privacy Policy. Your continued access, use and/or browsing on this Platform following the posting of changes to the Privacy Policy means you accept those modifications or revisions.
Vibespot, may process your personal information outside of the United States. Each of the countries in which Vibespot has a presence, has differing privacy laws offering different levels of protection for your personal information. Our Privacy Policy reflects these varying practices and we will act in accordance with this Privacy Policy in all jurisdictions we operate in by providing your personal information in any jurisdiction, in accordance with this Privacy Policy.
By using the Platform and its related sites, Services and/or registering for a Vibespot account (your “Account”), you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy.
This Privacy Policy is effective immediately and is incorporated by reference into, and a part of our Terms of Use, which governs your use of our Platform in general.
You can browse our Platform without telling us who you are or revealing any personal information about yourself. If you register for an Account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that Content on our servers located in the United States and with respect to our affiliates, elsewhere in the world where we have a presence.
When you visit our Platform or use our Services, we collect Content sent to us by your computer, mobile phone, or other access device. This Content is not associated with you personally unless you sign in as a registered user.
We collect the following types of personal information in order to provide you with the use and access to our Platform and our Services:
We offer sign-on Services that allow you to use third party login credentials to access our Platform. We also offer Services that allow you to share Content with third party social media websites such as Facebook, Google Plus, Twitter, and others.
You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent. By associating an account managed by a third party with your Account and authorizing Vibespot to have access to this Content, you agree that Vibespot may collect, use and store Content from these websites in accordance with this Privacy Policy.
Our primary purpose in collecting personal information is to provide you with access to our Platform and our Services, and provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
Please note that if the e-mail address you provide to us is a wireless e-mail address, and you have elected to receive promotional messages from us, you agree to receive messages at such address from us, unless and until you have elected not to receive such messages by following the instructions in the marketing section below. You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the marketing section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We do not sell, trade or lease your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with Content we collect from other companies and use it to improve and personalize our Services, Content and advertising.
If you do not wish to receive marketing communications from us, you can indicate your communications preference in your Account, or within direct communication channels with us including through means we may seek to contact you such as e-mail, text, SMS or any other messaging service, telephone, fax and by post.
We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other Content violates the rights of others, or protect anyone’s rights, property, or safety. Such Content will be disclosed in accordance with applicable laws and regulations.
We also share your personal information with:
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of Content is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Further, other than as set forth above, you will receive notice when Content about you might go to third parties, and you will have an opportunity to choose not to share the Content.
Based on your selection your user ID will displayed with your post and is available throughout the Platform but if you choose to post anonymously it will not be displayed on the platform (and so is not available to the public), although for our internal purposes and out of the public eye, it is connected to all of your Vibespot activity. The Platform is not responsible for any issues arising as a result of the disclosure of your location by yourself. Such a disclosure would be considered voluntary and you absolve the platform of any and all consequences. People you allow to follow you on the Platform, can see your Content posts and preference selections. Notices sent about suspicious activity and policy violations on our Platform refers to user IDs and specific items. So if you associate your name with your user ID, the people to whom you have revealed your name will be able to personally identify your Vibespot activities.
If you access our Platform from a shared computer, a computer in an Internet café or another person’s mobile phone, certain Content about you, such as your user ID, activity, or reminders from Vibespot, may also be visible to other individuals who use the computer or mobile phone after you.
We enable you to share personal information using the Platform and our Services. We encourage you to protect your privacy and respect the privacy of other users. To help protect your privacy, we allow only limited access to other users’ contact and usage Content to facilitate connection, interaction and flow of relevant or common Content. When users are involved in connecting with each other, they may have access to each other’s name, user ID, e-mail address and other contact Content. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what Content you have collected about them.
You agree to use user Content only for:
We use “cookies” (small data files placed within your computing device) on certain of our pages to help analyze our Platform page flow; customize our Services, Content and advertising; measure promotional effectiveness, and promote trust and safety. Cookies track your movement on our Platform, including what you view, your transactions and what you purchase. They essentially serve to improve and personalize your experience on our Platform.
A few important things you should know about our use of these technologies are:
Most web and mobile phone browsers or Flash players have functionalities that can be set to block or refuse the use of cookies. However, refusing a cookie may, in some instances, hinder or curtail your user experience on our Platform or certain areas of it.
We may use “clear GIFs” (also known as “web beacons” or “pixel tags”) or similar technologies, in the Platform and/or in our communications with you, to enable us to evaluate Platform usage Content about visitors to our Platform, target campaigns, upgrade visitor Content, and know whether you have visited a Platform page or received a message. A clear GIF is typically a one-pixel transparent image (although it can be a visible image as well), located on a Platform page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual’s viewing or receipt of a Platform page or message. A clear GIF may enable us to relate your viewing or receipt of a Platform page or message to other Content about you, including your personal information.
Our platform enables you to post at your current location and as a result we collect information regarding your location. Also, our server automatically collects data about your Internet address when you visit us. This Content, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Platform, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic Content about our users as a whole. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our Platform; the website or mobile application you visit after our Platform; the ads you see and/or click on; other Content about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Platform or a referral site; and other web usage activity and data logged by our web servers. We use this Content for internal system administration, to help diagnose problems with our server, to administer our Platform, and to customize your user experience. Such Content may also be used to gather demographic Content, such as country of origin and Internet service provider. We may link this Content with your personal information.
Any or all of these activities with regard to Platform usage Content may be performed on our behalf by our services providers, including, for example, our analytics vendor(s) and our e-mail management partner(s).
We and our users do not tolerate spam. Make sure to set your Vibespot communication preferences so we communicate to you as you prefer. You are not licensed to add other Platform users to your mailing list (e-mail or physical mail) without their express consent. To report Vibespot-related spam or spoof e-mails to Vibespot, please forward the e-mail to info@vibespot.com. You may not use our communication tools to send spam or otherwise send Content that would violate our Terms of Use. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited Content, but we do not permanently store messages sent through these tools. If you send an e-mail to an e-mail address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive Content. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such Content, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive Content is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
We will never request your password or social security number via e-mail. If you receive an e-mail or other correspondence requesting that you provide any sensitive Content (including your Platform password or credit card Content) via e-mail or to a website that does not seem to be affiliated with our Platform, or that otherwise seems suspicious to you, please do not provide such Content, and report such request to us.
Your password is the key to your Account. Use unique numbers, letters, and special characters, and do not disclose your Vibespot password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your Account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Vibespot and change your password.
You can see, review, and change most of your personal information by signing on to Vibespot. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your Account and remove your personal information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.
Throughout this Privacy Policy, we use the term “personal information” to describe Content that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include Content that has been made anonymous so that it does not identify a specific user.
We store and process your personal information on our computers in the United States and elsewhere in the world where we have a presence. We protect your Content using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and Content access authorization controls.
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your Content through your Account profile settings. We retain Content as long as it is necessary and relevant for our operations or for as long as is expressly agreed between you and us. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use and take other actions permitted by law.
Although we try our best to protect the security and integrity of your personal information against both unauthorized physical and electronic access, we cannot guarantee that Content during transmission through the Internet or any computer network is entirely safe from unauthorized intrusion, access or manipulation. We will make your sensitive Content available to our employees and agents on a need-to-know basis. Nonetheless, we will have no liability for disclosure of Content to anyone due to errors or unauthorized acts of third parties during or after transmission. In any event, where we believe personal data has been compromised, we will notify you of this.
Please note that it is important for you to protect against unauthorized access to your password and your computer. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session, especially where you are accessing our Platform on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify us when you desire to cancel your Account on our Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of Content we collect from you. If you disclose your Content to others, whether they are users on our Platform or other sites throughout the Internet, different rules may apply to their use or disclosure of the Content you provide to them. When you click links and banners on our Platform that take you to third party websites, you will be subject to the third parties’ privacy policies. Vibespot does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
You have a legal right to request and obtain a copy of the Content we hold about you. This includes Content on how this will be used and to ensure this Content is accurate. You may review and edit the personal information that is stored in your Account on our Platform. You may send us new or updated Content at any time. Taking into account the foregoing, we will endeavor to respond to your request to access, update or delete your Content as soon as practicable. Before we are able to provide you with any Content, correct any inaccuracies or delete any Content, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. In addition, you have the right to request access to the personal information that we hold about you at any time.
If your privacy questions are not answered online, you may write to us using e-mail at info@vibespot.com.
Effective Date: Nov 1, 2023.