Privacy Policy

Last Updated: 1/1/24 Time Capsule INC. (“Birthday App” or “we” or “us”) has created this privacy policy (this “Privacy Policy”) in order to demonstrate its commitment to users and and user privacy with regard to Birthday App’s mobile application (the “App” or “Application”). Privacy on the App is of great importance to us. Because we gather important information from our users and visitors (collectively “Users” or “you” or “your”), we have established this Privacy Policy to communicate our information gathering and dissemination practices. By accessing the App, you acknowledge and agree to this Privacy Policy and also agree to the Terms of Use of the App.

Information We Collect

We may require Users who use the App to give us contact information, which may include, but is not limited to, the User’s name, mobile phone number, email address, and birth date (collectively “Personal Information”). Besides the Personal Information, we may also collect, upload to server, other information you provide when using the App including, but not limited to, the name, mobile phone number, and birth dates of your contacts, viewed pages, entered search terms, browsing history, transaction related information (other than payment information), or any User Submissions. We collect personal information that you provide to us, personal information we obtain automatically when you use our App, and personal information from other sources such as third-party services and organizations. 

How We Collect Information

You directly provide Birthday App with most of the data we collect. We collect and process data when you: 

  • Give us permission to access information on your mobile device, namely, the names, phone numbers, and other information in your contacts. 
  • Register online. 
  • Create or upload User content. 
  • If you are reading this line, send an email to the email at the bottom and we will send you a nice little gift and kiss with a tenderly kissed letter because we love you.  

Voluntarily complete a customer survey or provide feedback via email or our social media sites. 

  • Use the App.

We, as well as third parties that provide content, advertising, or other functionality on our App, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our App. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience. A pixel tag (also known as a web beacon) is a piece of code embedded in our App that collects information about engagement on our App. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our App through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings.

How We Use the Information We Collect

We use the information that we collect to provide and maintain the App as we deem appropriate in our sole discretion and to provide any other services that you and Birthday App agree too. We use your personal information to fulfill our contract with you and provide you with our services, such as:

– Managing your information and accounts;


– Providing access to certain areas, functionalities, and features of our App;

– Answering requests for customer or technical support;

– Communicating with you about your account, activities on our App, and policy changes;


– Processing applications if you apply for a job we post on our Services; and


– Allowing you to register for events.

We may also use the information to contact you to further discuss interest in our company, the goods and services that we may provide, and to send information regarding our company, such as promotions and events. For example, We use your personal information for various administrative purposes, such as:

– Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

– Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

– Measuring interest and engagement in our App;


– Short-term, transient use, such as contextual customization of ads;


– Improving, upgrading, or enhancing our App;


– Developing new products and services;


– Ensuring internal quality control and safety;


– Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;


– Debugging to identify and repair errors with our App;


– Auditing relating to interactions, transactions, and other compliance activities;


– Sharing personal information with third parties as needed to provide the App;


– Enforcing our agreements and policies; and


– Carrying out activities that are required to comply with our legal obligations.

We also use your personal information for other purposes as requested by you or as permitted by applicable law.

– With Your Consent. We may use your personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.


– De-identified and Aggregated Information. We may use your personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our App, or other analyses we create.

You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to our products, services, or App, and we may send a newsletter or other correspondence to you. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at hello@birthday.app with the word “UNSUBSCRIBE” in the subject line. Even if you are removed from any such list, if you use our services, you will continue to receive email correspondence from Birthday App related to its App. If you have agreed to receive marketing correspondences from use, you may always opt out at a later date. You have the right to stop Birthday App from contacting you for marketing. If you no longer wish to be contacted for marketing purposes, please contact use via email at legal@getbirthdaycapsule.com with the “OPT-OUT” in the subject line.

Disclosure of User Information to Third Par/es

In addition to the use of information described above, Birthday App reserves the right to disclose information provided by Users (including Personal Information) as follows: Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (2) protect or defend Birthday App’s, or a third party’s, rights or property. Disclosure to Third Party Service Providers. We may share your information with third party service providers to perform functions on our behalf. Examples include but are not limited to fulfilling orders, processing payments, handling billing disputes and collections, analyzing data, providing marketing assistance, and providing customer service.  Birthday App may also partner with third party service providers for fraud prevention and/or identity verification. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
 We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our App to collect information regarding your activities and your device (for example, your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “targeted advertising,” “personalized advertising, or cross-context behavioral advertising.”
 

Your information will be treated as private and confidential by such third party service providers and not used for any other purpose than we authorize. 

Data/Information Transfer As a Result of Sale of Business. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. To the maximum extent allowable by law, the Privacy Policy will apply to the User information as transferred to the successor entity. However, User information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity.

Data Retention 

We keep your information, such as your name, email address and phone number for as long as you keep your account in existence. In some instances, we will delete the information you provide to us after it is no longer needed. We also keep information about you and your use of the App for long as it is necessary for our legitimate business interests, for legal reasons, and to prevent harm to you, any third party, or us.

Children

The App is not intended for persons under 18 years of age, or any higher minimum age in the jurisdiction where that person resides (“Child” or “Children”), and the App is not intentionally developed for or directed to Children. We do not knowingly solicit or collect any information from Children nor do we knowingly market our products or services to Children. If we learn that we have collected information of a Child, we will take steps to delete such information from our files as soon as possible and, if applicable, terminate that Child’s account.

Do Not Track Signals

Do Not Track Signals from Web Browsers – The Website is not presently configured to support Do Not Track (“DNT”) signals from web browsers.

Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative and the Digital Advertising Alliance.

Security

We take the security of your Personal Information seriously. We employ reasonable measures designed to protect your information from unauthorized access and unsolicited contact from third party groups. To that end, all sensitive personal information is transmitted through secure networks supported by SSL encryption.

Your California Privacy Rights

California law permits our customers who are California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. To make such a request, please write to us at the following address: Birthday App, Inc. 8605 Santa Monica Blvd. PMB 88356 West Hollywood, California 90069-4109 US

International Privacy Laws

If you are visiting Birthday App from outside of the United States, please be aware that you are sending information (including personal data) to the United States, where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not have data protection laws as comprehensive or protective as those in the country of your residence, however, our collection, use, and storage of your personal data will at all times remain governed by this Privacy Policy. Additional Information This Policy is part of the Terms of Use of the App is governed by those Terms of Use. questions regarding this Policy or the practices of the App should be directed to Birthday App by emailing such questions to hi@birthday.app

Updates to our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our App after the new Privacy Policy takes effect.

Contact Us

If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department at Social@birthday.app