Privacy Policy

Welcome to VibesList (the “Application”). This policy (“Privacy Policy”) describes how the Application collects and uses the information of its users. Please read this Privacy Policy carefully, as it applies each time a user accesses the Application and uses its services. By using and accessing the Application, you accept the terms of this Privacy Policy.

The Application is operated by VibesList Inc., a company formed under the laws of Delaware (“VibesList” or “we”). The words “user”, “you” and “your” in this Privacy Policy refer to a user of the Application.

By using the Application, you represent that you have read, understood and agree to be bound by this Privacy Policy and the Terms of Service (collectively, the “Application Policies”). Capitalized terms not defined herein have the meaning set forth in the Terms of Service. If you do not agree with the Application Policies, please do not access or use the Application. VibesList reserves the right to modify and/or discontinue the Application, at any time, for any reason and without notice.

TYPES OF INFORMATION WE COLLECT FROM USERS AND HOW WE COLLECT IT:

When you use the Application, we may collect your (i) personal information (data that personally identifies you), or (ii) aggregate information, concerning your use of the Application and your account activity (e.g., number and times of logins, most frequently visited pages, IP address, etc.), which does not personally identify you.

We collect the categories of personal information outlined below from the following sources:

I. Information Provided by You

The categories of personal information we may collect from you include:

• Account Information.We collect personal information that you provide when you register for an account to use our Service and/or purchase a Subscription, which may include your name, email address, and password.
• Inquiries.We collect personal information that you provide when you inquire about our Service, such as your name, email address, phone number, and any other information you provide.
• Subscription Information.If you sign up for our Subscriptions, we collect information such as name, email address, phone number, and payment information. Please note that we do not collect and maintain your payment information directly, instead we utilize a third-party payment processor to collect and facilitate all online payments on our behalf. Additionally, if you choose to store your payment information on your account, such information will be stored by the payment processor and not with us directly.
• User Input.If you enter a contest, sweepstakes, or other promotion, or complete a survey, we collect information about you, such as your name, username, address, email address, and phone number, and any other information that needs to be provided to participate in the promotion, as described by the relevant terms in each instance.
• Marketing Communications.If you sign up to receive news or alerts from us, via email or text message, we collect your name, username, email address, phone number and applicable interests and communication preferences in order to send you regular updates about the products and services we provide.  By providing your email address to VibesList, you might be automatically enrolled in our newsletter, subject to your right to opt-out of our marketing communications as outlined below. You will not receive text messages from us unless you opt-in to receive such communications.

Please be aware that if you do not allow us to collect certain personal information from you, we may not be able to deliver certain Services to you, and some of our Services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to provide your information.

II. Automatically Collected Information

When you access or use our Application, some information not associated with specific users, such as device type, location information, IP address, identifiers, webpage traffic, and access time is automatically collected in order to ensure the Application’s functionality. Once your user profile is created, anytime you log in, we will collect additional information and add it to your user profile.

Geolocation.Based on your interaction with the Application, the type of device you use to access the Application, and your device’s connectivity, we may collect location-based information. We may use this type of information to enhance your user experience, or to better understand your interaction with our Services. Unless you otherwise provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format, which does not identify you.

III. Third-Party Sources

We may receive personal information about you from our business partners and service providers (such as application and service operators, payment processors, marketing partners), or other third parties to whom you have provided your information, and consented to the sale, rental or transfer thereof, and combine this information with other information we collect from you. Occasionally, we may obtain information about you from third parties such as a data aggregator or vendor who provide us with additional information about our existing customers.

Social Media. When accessing the Application through a third-party social media site and/or application, we may access some of your information from your social media account, such as name, email address, profile picture, photos, videos, location, friend/follower list, posts and/or likes. Please note that some aggregate information, that does not personally identify you, such as content viewed on the social media site/application, may also be collected by us if you access the Application through a third-party social media site. Further, if you have consented on a third-party social media site to sharing your personal information with other third parties, we may collect your personal information that is part of your profile or that you post publicly, such as your basic account information and any other additional information or activities that you permit the third party social network to share with third parties or that you post publicly on a VibesList social networking page.

Please note that this Privacy Policy does not apply to third-party social media sites, and you should always refer to the privacy policies of the relevant social media sites for information concerning their collection and processing of information.

IV. Communications with VibesList

Customer Service. If you contact our Customer Service department by phone or by email, we will collect certain personal information from you, such as your name, address, email address and phone number. We may need to use your personal information to further contact you to respond to your inquiry or request.

HOW WE USE YOUR INFORMATION:

Your information is processed using primarily electronic means and is used, without limitation, for the following purposes:

• Service.We use information collected to provide our Service and to follow up with you about your satisfaction with the Service.
• Account Activity.We may use information collected to maintain your account with us (e.g., account verification), including administering any programs associated with such accounts, to communicate with you regarding your account and for customer support purposes.
• Customization.We may use information collected to provide you with product recommendations, offers, content and rewards that are tailored to your interests and profile. We may use also information collected to personalize your experience and save you time when you visit our Application (e.g., by remembering your login ID and password).
• Marketing.If you have signed up to receive our newsletter, we may use this information to send you marketing communications, such as email communications and mobile messages (including push notifications). These communications may inform you about new products, special discounts and other news and special offers.
• Product and Application Development.We may use personal information to create non-identifiable information that we may use, alone or in the aggregate, with information obtained from other sources, in order to help us optimally deliver our existing products and services or develop new products and services. From time to time, VibesList may perform research (online and offline) via surveys (directly or through third parties) to help us better serve our customers by learning more about their needs and the quality of the services we provide. Anonymized and aggregated information is used for a variety of functions, including the measurement of Application visitors’ interest in and use of various portions or features of the Application.
• Customer Service.If you have requested further information, contacted customer service or in any other way requested that we contact you, we will use your personal information to respond to such a request. We may also use your information to ensure we are providing the highest level of customer service, and to identify any potential gaps or potential improvements to the same.
• General Business Purposes.We may use information collected for other general business purposes, such as to maintain the day-to-day operation and security of our Application, to ensure that our Application is working as intended and for analytics, auditing and technical assistance purposes.
• Legal Purposes.We may collect and use personal information to enforce our contracts, including our Application Policies, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties. We also collect information in order to comply with certain legal rules and regulations that we are subject to, and as required by law enforcement.

HOW WE PROTECT YOUR INFORMATION:

The Application uses Secure Socket Layer (SSL) / Transport Layer Security (TLS) software and similar encrypting systems to protect your information when you purchase Subscriptions on the Application. Only employees, contractors and agents of the Application operator may access user information on a need-to-know basis and only for the purposes set forth in this Privacy Policy.

While we make reasonable efforts to ensure your information is processed and stored in a secure manner, we cannot guarantee the security of data transferred over the Internet and you assume the risk of any such transfer.

WHERE WE STORE YOUR INFORMATION:

Your information will be collected and stored in the United States.

SHARING YOUR INFORMATION:

We will not sell or otherwise disclose your information, except as described in this section and other relevant sections of this Privacy Policy.

Generally, we share your personal information as necessary to provide the Services you request. We also may share your personal information when required by law, to protect your rights and safety, and with your consent. Specifically, we may share your personal information with third parties, including:

• Affiliated Brands and Companies.We may share your information with companies affiliated with VibesList, including licensees and joint venture partners, who may be located outside the United States. These parties may only use your information in compliance with this Privacy Policy.
• Authorized Service Providers.We may retain third-party service providers in order to process your data in connection with the services provided on the Application. These services may include but are not limited to IT support, hosting, customer service, payment processing, marketing communications and analytics. Third parties who perform these operations are only permitted to use the information provided to them to perform their function and for no other purpose.
• Corporate Reasons.In the event there is a change in the corporate structure of VibesList including, without limitation, by merger, consolidation, sale, liquidation, transfer of substantial assets, or in the unlikely event of bankruptcy, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Application to one or more affiliated or unaffiliated third parties or successors in interest. Please note that the information can be used only in accordance with this Privacy Policy after any such corporate event, unless the users otherwise agree.
• Legal Reasons.We may disclose a user’s information when required to do so to comply with applicable law or legal process or to respond to a request from law enforcement authorities. We may also provide your information in situations where we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property, or safety of our company, our consumers, our employees, or others, or to enforce our Application Policies or other agreements or policies.

HOW LONG WE STORE YOUR PERSONAL INFORMATION FOR:

VibesList retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it, unless we are legally required to maintain it for longer.

LINKS TO THIRD-PARTY SITES:

The Application contains links to third-party websites. We do not operate, control, monitor, endorse or guarantee those third-party websites. This Privacy Policy does not apply to the collection and use of information by such third-party websites. We suggest that you carefully read the privacy policy and other policies of all third-party websites.

We provide hyperlinks to third-party websites only for the convenience of our users and it is not a recommendation that users access such third-party websites. We do not guarantee the services or goods provided and sold by such third-party websites to Internet users. YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY VIBESLIST, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL VIBESLIST BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.

CHANGING, UPDATING OR REMOVING YOUR INFORMATION:

You may update, correct or remove your personal information at any time and free of charge by emailing us at info@vibeslist.app. We may ask that you identify yourself and the information you wish to access, change or delete for security purposes, and we will comply with your request as soon as reasonably practicable. By removing some of your information, you may not be able to access some of the Application’s features. We may keep some of your personal information if required by law and/or for recordkeeping purposes.

OPTING-OUT OF OUR MARKETING COMMUNICATIONS:

Email. You may unsubscribe from any marketing email communications by clicking on the “Unsubscribe” button included in all of our marketing communications or by contacting us at info@vibeslist.app. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding VibesList and our Services and, to the extent permitted by law, you will not be able to opt out of those communications (e.g., communications regarding updates to our Application Policies).

DO NOT TRACK SETTINGS:

Our Application does not recognize Do Not Track signals. Some third parties may collect aggregate information about the users’ online activities over time and across websites when they use the Application. While this information does not include personally identifiable information, certain processing activities that combine aggregate information with other information in possession of such third parties could result in the identification of users.

RIGHTS OF CALIFORNIA RESIDENTS:

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

CHILDREN’S RIGHTS:

We do not sell services for purchase by children. If you are under 18 years old, you may use the Application only under the supervision of a parent or guardian. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect, solicit or use personal information of children under the age of 13 provided without parental consent. Should we become aware that a user under the age of 13 has registered without verifiable parental consent, any such information will be deleted.

UPDATES TO OUR PRIVACY POLICY:

VibesList may amend or update all or any portion of this Privacy Policy, at any time, without notice, in its sole discretion. Please access this section regularly to verify if any changes were made to our Privacy Policy and to review the updated Privacy Policy.