FABRIC APP


PRIVACY POLICY


Welcome! You have installed, opened and/or otherwise are using our Fabric™ App ("Fabric App" or “App”).

The Fabric App is owned and developed by Echoworks, Inc. ("Echoworks," "we," "our" or "us") and is being made available for installation and use pursuant to the Limited Software Warranty and License Agreement, which can be found here: http://fabric.me/terms.

This "Privacy Policy" describes how Echoworks may collect, use and disclose certain information about or in connection with your authorized uses of the App.

Eligibility

The App is not intended for any users under the age of 16 years old.  We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to install, open, or otherwise use the App or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at info@echo.works.

 

You must have a legal and authorized Apple iTunes account to download the App. Please see below for further terms regarding registration. This Privacy Policy does not apply to data Echoworks may collect, request or receive from other sources or in connection with the marketing or your purchase of the App. We also refer you to the privacy policies of any third parties, such as any licensors, promoters, distributors and/or retailers you may have interacted with in connection with any investigation, promotion, distribution or purchase, and in certain cases as described below, use of the App.

Information You Provide to Us.

We receive and store any information you enter on our App or provide to us in any other way. The types of personal information collected may include your name, email address, phone number, birthday, Twitter and/or Facebook usernames, location, and use information regarding your use of the App. Our App may, if you elect or grant permission to the App, import Contact information from your smartphone device’s address book for the purpose of assisting you in identifying friends you may wish to refer to the App or link with to use certain features of the App. We also automatically populate the App with photos taken on your smartphone device. The App does collect and store on its servers metadata such as timestamps, location and other information about the photos that are pointed to from the App. The photos may also contain likenesses of you, your friends and/or other people who are captured in any of the photos, as well as any other information including potentially personal information that may be determined or viewable in the photos. The App by default merely points to photos that are resident on your device and coincide with the times and locations being tracked by the App, but when directed by you, the App may upload such photos to our servers to be hosted centrally and possibly shared. We will provide you with the ability to opt-in to any such upload and/or photo sharing features. We automatically receive your location when you use the App including when the App is operating in the background or appears closed. We use various technologies and third party service providers (including Foursquare) to determine location, such as location services of the device operating system and/or sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers.

The personal and other information you provide is used for the purpose of allowing us to set up a user account and profile and to, in turn, log your activities including your whereabouts, places and times of locations visited. The App also allows you to share your logs with others through use of the App or third party social media and other communications media and platforms. The App will also log your interactions (including both actual and potential interactions) when other users of the App with whom you are linked as “friends” are nearby. You may pause tracking and monitoring at any time but while you are tracking and monitoring, your activities may be viewable by your friends, unless you and/or your friend(s) have elected otherwise.

We also draw upon or use your personal, location, usage and other information to develop and improve the services enabled by the App, adapt any services we develop or offer to your and/or other users’ needs, research the effectiveness of our offering, the networks we work on or alongside, and other aspects of the App and services, and to develop new tools for our users or local communities. Accordingly, information you provide as part of or via the App may be used with other apps or services you or your friends use. We may in the future request your express permission to use certain data for targeting or customizing advertising for you and/or your friends, or promoting Echoworks or the App to you and/or others on or via social media sites or platforms.

Finally, we may use your personal information for communicating with you, including through mobile notifications on your device, about commercial or promotional opportunities, updates and tutorials, as well as new or existing features.

Please note that you may have provided personal and other information at the time you purchased or downloaded this App (including any in-app purchases or purchases of additional App modules) from Apple, Amazon, Intel or other third party retailer or other partner associated with the technology, promotion, distribution and/or sale of the Fabric App. Echoworks may or may not be affiliated with or have any direct contractual relationship with any such third parties, and so any information you provide will be governed by the privacy policies of such third parties.

Information We Collect or Store As You Access and Use the App.

We and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information ("Usage Information") whenever you install, open or use the Fabric App. We use this information to support our internal operations and for supporting business analysis and operations, product development, and/or improving our products and services. This Usage Information may include:

·       Network–related information such as IP address, the SSID of your local Internet access point, or the identity of your ISP or carrier;

·       Device technical attributes and characteristics, such as data about your operating system, hardware, display size, screen resolution, and network carrier information;

·       Location data including geolocation information as well as place names, modes of transit or transportation and other geo-locatable information;

·       Unique identifiers, such as the physical WiFi address or “MAC address” of your device, platform-specific identifiers such as Apple’s Identifier for Advertising or similar identifiers, as well as device serial numbers;

·       How often you use the App and aspects of your use;

·       Certain other Device data, including directly or indirectly derived location information and/or timestamps; or

·       Identifiers and information stored in cookies and web beacons, as well as other technical information.



We treat all of the foregoing as non-Personal Information, except where we are required to do so under applicable law. We may provide aggregate information to our partners about how our users, collectively, use our App(s) and/or services, so that our partners may also understand how often people use their services and our App and/or services. Finally, we may receive and store information from third parties, such as when you register via Twitter or Facebook, whenever you or such service interacts in some way with the App. Please read the privacy policy of any such medium, platform, network, or app so that you understand its or their sharing practices and how use and interaction with its or their services may relate to us in connection with the App.

How and When Do We Disclose Information to Third Parties?

We will not share your information with third parties for any third party marketing or advertising purposes. We do disclose information for the following purposes:

·       Sharing or interacting with friends and followers. If you elect to share with a friend or, in certain cases now or in the future as may be indicated in the App, you fail to opt-out of certain default settings, your friends will be able to see, for example, when you and your friend might be or have been in close proximity location-wise. You may also be sharing other information such as your name, email, phone number, profile photo, photos you post or point to (including your or other people’s likeness and/or other personal information that may be determined or visible in any photos), and other interactions with the App by you and your friends. Please be advised that information shared in this manner with any friends may be used or disclosed to other individuals or entities without your or our being able to control such use or disclosure once made by you and such use or disclosure may be without your knowledge. We therefore urge you to think carefully about sharing or interacting with any other persons or parties, or sharing any specific information you may deem private, when you use the App and/or the services provided by Echoworks.

·       To Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of us such as hosting, operating online services, tracking activities and analytics, delivering content, and enabling the App’s functionality. Our vendors are not permitted to use your personal information for their own purposes without your express consent.

·       Interactions with Third Party Platforms. The App or portions of the App may permit some visitors to share content via social media accounts, to interact with a social media plugin or to log on via other third party platform accounts such as those available through Apple's App Center, Twitter or Facebook, if the visitor has a pre-existing account with those platforms.

·       Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your usage and personal information: (i) as required or permitted by applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to investigate violations of potential violations of the Terms of Use; (iii) to protect the safety, rights, property or security of the services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Such disclosures may be carried out without notice to you.
We may share your information (including information which by itself or combined with other information can be personally identifiable information) with third parties in connection with an investigation of fraud, intellectual property infringement, piracy, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share such information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate or enforce our terms and conditions, combat fraud and/or comply with a judicial proceeding, court order or legal process served on Echoworks.

·       Affiliates and Business Transfer. We may share your information including personal and usage information with our parent, shareholders, officers, employees and other personnel, and/or our subsidiaries and affiliates (collectively, the "Affiliates"). We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App or related App or similar offerings; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets related to the App, or in connection with any other corporate change, including during the course of any due diligence process.



What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

Relationship to Terms of Use and Other Contracts.

This Privacy Policy must be read in conjunction with the App’s Limited Software Warranty and License Agreement (see link above), and the provisions of such Limited Software Warranty and License Agreement are incorporated herein by reference. To the extent the Limited Software Warranty and License Agreement conflict with this Privacy Policy, the terms of this Privacy Policy will control in respect of the subject matter hereof. To the extent this Privacy Policy conflicts with the terms and conditions of any other specific agreement you enter with us, the terms and conditions of such specific agreement will control.

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. 

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Echoworks will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at info@echo.works. 

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services, in accordance with the information set forth in the table below:

Category of Data

Source of Data

Purpose of Processing

Retention Period of Such Data

Contact Data (e.g. Name, Address, Email, Phone)

Data Subject

Creating Accounts; Tagging or Inviting Friends

As long as user is active + 1 Year

Location Data

Data Subject

Allowing users to search location history

As long as user is active + 1 Year

Social Media Posts and Photos

Data Subject

Indexing user's social media posts for their benefit

As long as user is active + 1 Year

Photos from Device

Data Subject

Storing and indexing photos the user adds in the application

As long as user is active + 1 Year

IP Address

Data Subject

Access logs and analytics

5 Years

Device ID

Data Subject

Identify end user and push notifications

5 Years

User-Generated Content

Data Subject

Content (posts / messages) created by the user

As long as user is active + 1 Year

App Usage Statistics

Data Subject

App usage patterns and crash reports

5 Years

 

How Do We Use Your Personal Data?  We process Personal Data to operate, improve, understand and personalize our Services for the specific purposes set forth in the table above. 

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

·      Contractual Necessity:  We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

o   Contact Data

o   Location Data

o   Social Media Posts and Photos

o   Photos from Device

o   Device ID

o   User-Generated Content

·      Legitimate Interest:  We process the above the categories of Personal Data, as well as the following categories of Personal Data, when we believe it furthers the legitimate interest of us or third parties. 

o   IP Address

o   App Usage Statistics

Examples of these legitimate interests include:

o   Operation and improvement of our business, products and services, including of the App

o   Provision of customer support

o   Protection from fraud or security threats

o   Compliance with legal obligations

o   Completion of corporate transactions

·      Consent:   In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

·      Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

We also share Personal Data with third parties when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  These third parties include:

·      Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)

·      Social media services (if you interact with them through your use of the Services)

·      Other parties authorized by you

We also share Personal Data when we believe it is necessary to:

·      Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies

·      Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud

·      Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

How Long Do We Retain Your Personal Data?  We retain Personal Data about you for the periods set forth in the table above.  In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, your credentials are one-way encrypted, all communication with Fabric servers is encrypted, and there is pseudonymisation of usage data.

What Rights Do You Have Regarding Your Personal Data?  You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email info@echo.works.  Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request. 

 

Whom Can I Contact?

If you have questions, comments or complaints regarding the Privacy Policy for this Fabric App or the manner in which we or our service providers treat your information, contact us at: info@echo.works