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END USER LICENSE AGREEMENT
End-User License Agreement (“Agreement”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. WHEN YOU USE OUR WEBSITE, APPLICATIONS, OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Buddy.
Terms and Conditions
These Terms and Conditions, together with all Terms and Definitions herein, govern your use of and access to any page, site, or content available on BuddyBrand.us, or on the Buddy Application (the “Application”), which is owned by Buddy Brand LLC (“Buddy” or the “Company”). These Terms of Service are hereby effective on December 26th, 2022.
1. Acknowledgement of Age and Location
By using Buddy Brand LLC’s Services, You acknowledge and affirm (1) you are accessing the services from a jurisdiction where cannabis is legal; (2) You are at least 21 years of age, or above the age of 18 and a valid medical marijuana user within your jurisdiction. You represent that You understand and agree to comply with the terms, conditions, and representations set forth in these Terms and Conditions.
Interpretation
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural or in lowercase.
2. Definitions and Interpretations
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
“Access Device” shall mean any electronic device you use to access Buddy’s Services, including, but not limited to, any computer, mobile device, tablet, virtual or cloud-based system, or any other electronic device.
* “Buddy” shall mean Buddy Brand LLC., including any successors, administrators, agents, employees, and assigns.
* “Services” shall mean any website, application, server use, computer program, third party service, software, widget, tool, or any other service provided by Buddy for your use.
* “You” shall mean: You, the individual user of this site, and holder of any account, is applicable, including your agents, assigns, or any person acting on your behalf, including guardians, heirs, or statutory beneficiaries.
* Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named Buddy
* “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Buddy Brand LLC, 2555 Amys Lane, El Dorado Hills, CA 95762.
*“Partners” refers to any Company or Licensed Group associated with Buddy Brand LLC and that is available to view within the Application
* “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
* “Country” refers to: California, United States
* “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
3. Acknowledgment
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. You, the user, acknowledges that this End-User License Agreement is concluded between the company Buddy Brand LLC and You only and not with Apple. Buddy Brand LLC, not Apple, is solely responsible for the Buddy App and the content thereof. The EULA may not provide for usage rules for the Buddy App that are in conflict with the Apple Media Services Terms and Conditions as of January 9th, 2023. Therefore, the Company is solely responsible for the Application and its content. Although the Apple Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license granted to You for the Buddy app must be limited to a non-transferable license to use the Buddy app on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company or Buddy is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement., .
License Restrictions
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
* Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
* Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
* Download, copy, or use the application if You are under the age of 21.
4. Services
Buddy offers a range of services on various access devices, including access to content, applications, and other products and services, including those generated by third parties and user-generated content, (including potential and actual content, forums, and other user created content, regardless of form), whether available on the world wide web, via an application, or on another server or platform operated by Buddy or any other server or site to which Services are licensed or directly provided by Buddy.
5. Account Information
To utilize our Services, you may be required to create an Account (including, but not limited to, associated user names, user identification, or any other unique identifier) utilized while engaging our Services. Account requirements may differ depending on if you are accessing our services as an individual or as a business. Buddy has the sole right to set requirements for obtaining an Account, or to alter, cancel, suspend, or terminate any Account. You do not own the Account, or any associated content, but are granted a revocable limited license to use the Account, consistent with these Terms and Conditions.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or any other Access Device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Buddy immediately of any unauthorized use of your User Account, including unauthorized use of any User ID or associated unique identifiers. You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your User Account with or without your express authorization, including family and friends. This responsibility includes payments made through any third-party service utilized to facilitate purchases. Any use of third-party services to facilitate transactions, including purchases of the Services, shall be governed, in addition to these Terms and Conditions, by the terms of service of the third-party service through which the transaction was facilitated.
The use of the User Account you created by any other person is strictly prohibited, whether on a temporary or permanent basis.
6. Content and User Generated Content
The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account. "Content" includes all data, forum postings, photographs in any form, video, chat or other message, animation(s) or graphic(s), file(s), suggestions, poll results, concepts, User Generated Content, or any other data, content, or material appearing in, contained in, or generated by use of the Services, whether on the world wide web, any Application, or on another server or platform operated by Buddy or any other server or site to which Services are licensed by Buddy. All Content is owned by Buddy.
Content includes User Generated Content. User Generated Content is key to use of Buddy’s Services. User Generated Content includes all forms of Content, which are generated by You or any other user of Buddy’s Services. User Generated Content includes User Account information (and all other unique identifiers); user names; forum posts; chat posts; customer service chats; communications; images; sounds; videos; suggestions for Services; or other information concerning the Services, whether generated at Buddy’s specific request, as part of your use of the Services, or via any other method while utilizing Buddy’s Services. User Generated Content includes materials or information that is contributed by You or by any other person using the Services. By creating User Generated Content, you grant to Buddy, and its licensors, licensees, any other person so designated by Buddy a perpetual, irrevocable, worldwide irrevocable and transferable license, without right to payment or royalty. In addition, you grant a limited license to all users of Buddy’s Services to utilize said User Generated Content while utilizing the Services, including all necessary reproduction, distribution, display, performance, or other license rights necessary to utilize the Services.
By generating User Generated Content, you agree that the content is not otherwise protected as copyright, trademark, or other intellectual property rights, unless you own said rights or have a transferable license to said rights.
Consistent with 47 U.S.C. § 230, Buddy reserves the sole and final right to review, remove, block, edit, move or disable User Generated Content for any reason, with or without notice, and without liability to You. You agree to report any User Generated Content you believe to be in violation of these Terms and Conditions. If Buddy determines User Generated Content violates these Terms and Conditions, Buddy may take action, at its sole discretion, to suspend, terminate, or otherwise restrict a user of Services or the associated User Account. Buddy assumes no responsibility or liability for any User Generated Content, either as a result of generation of said content or Buddy’s decision to remove or not remove or to take or not take any action with respect to User Generated Content.
7. Code of Conduct
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate, or intimidate other users of our Services or any employee, agent, or affiliate of Buddy. You may not use our Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Buddy reserves the right, but is not obligated to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, You remain solely responsible for your use of any information contained on the site. Distribution of any user’s personal information, commonly known as doxing, is prohibited. International users agree to comply with all local laws regarding online conduct and acceptable content. Buddy’s Content and Services shall be free of discrimination on the basis of race,
ethnicity, religion, nationality, and sexual identity, and conduct not consistent with the same, including language that is obscene, threatening, bullying, sexually threatening, or that invades the personal privacy of any user is a violation of the Code of Conduct.
Examples of such objectionable Content include, but are not limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
* Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
* Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees or representatives.
* Violating the privacy of any third person.
* False information and features.
Should you be found to have engaged in illegal or abusive usage of our Services, or any violation of these Terms and Conditions, Buddy may suspend, terminate, or take other action regarding your User Account. Buddy is the sole and final arbiter of whether conduct violates these Terms and Conditions. Buddy assumes no responsibility or liability for any user conduct or Buddy’s decision to take action or not to take action with respect to user conduct.
Buddy reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, You remain solely responsible for your use of any information contained on the site.
As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. Youunderstand that by using the Application You may be exposed to content thatYou may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for anycontent, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
8. Purchases and Refunds
You acknowledge and accept that all purchases of the Services are FINAL. You acknowledge and agree that any applicable fees and other charges, including those paid for licenses to the Services or any Service or Product, including Products purchased from third-parties are not refundable, in whole or in part. You acknowledge you will not be refunded, receive money, or otherwise be compensated for any unused Services, when an account is closed, whether such closure is voluntary or involuntary.
9. Intellectual Property
All content included on any site, application, server, or other Service of Buddy, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Buddy, protected by United States and international copyright laws and, where applicable, United States and international trademark law. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site; any applications provided by Buddy to access the Services; and any User Generated Content are protected by United States and international copyright laws. Buddy owns and retains all proprietary rights to its domains and any websites hosted thereon, as well as its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of the website, or of Buddy. By posting information to any website, application, forum, or other property of Buddy, you represent to Buddy you have the right to grant permission for use of the same by Buddy.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
10. Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. Apple does not provide any maintenance or support services and has no obligation whatsoever to furnish any maintenance and support services with respect to Buddy. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
11. Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services.
For certain transactions or aspects of your use of the Services, Buddy may transmit your information to certain third-party services or vendors, or require You to utilize such third-party services to facilitate certain aspects of the Services or purchases of the Services or Goods. Such use of third-party services shall be governed by the terms of service of the particular service, which may or may not differ from these Terms and Conditions.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and are subject to such third parties’ Terms and conditions. Buddy makes no warranties or representations as to any such third-party services, and Buddy will in no way be responsible or in any way liable for Your use of such third-party services.
You agree that Apple and Apple subsidiaries are third party beneficiaries of the EULA, and that upon acknowledgement and acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against You as a third party beneficiary.
12. Disclaimer of Warranties and Limitation of Liability
ANY SITE OR APPLICATION, AND ALL SERVICES, INCLUDING ANY AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION OWNED BY BUDDY ARE PROVIDED BY BUDDY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUDDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SITE, APPLICATION, OR SERVICES, OR OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION OWNED BY BUDDY OR THROUGH OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY SITE, APPLICATION, OR SERVICES IS AT YOUR SOLE RISK. IN THE EVENT OF ANY FAILURE OF THE BUDDY APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE BUDDY APP TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE BUDDY APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE BRAND BRAND LLC’S SOLE RESPONSIBILITY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUDDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUDDY DOES NOT WARRANT THAT ANY SITE; APPLICATION; INFORMATION; CONTENT; USER GENERATED CONTENT; MATERIALS; PRODUCTS (INCLUDING SOFTWARE); OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION PROVIDED BY BUDDY, INCLUDING ANY SERVERS; OR E-MAIL SENT FROM BUDDY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUDDY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SITE, APPLICATION, OR OTHER SERVICE PROVIDED BY BUDDY, NOR FROM ANY INFORMATION; CONTENT; USER GENERATED CONTENT; MATERIALS, PRODUCTS (INCLUDING SOFTWARE); OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION PROVIDED BY BUDDY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
13. Disclaimer of Advice
THE CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY IS FOR ENTERTAINMENT PURPOSES ONLY. NO CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY SHOULD BE CONSTRUED AS CONVEYING MEDICAL ADVICE, AND SUCH CONTENT IS IN NO WAY INTENDED TO BE A SUBSTITUTE FOR ADVICE OF A MEDICAL PROFESSIONAL AS TO THE DIAGNOSIS, CURE, OR TREATMENT OF ANY MEDICAL CONDITION. NOR SHOULD ANY CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY BE RELIED UPON AS TO POSSIBLE USES OF ANY PRODUCT FEATURED WITHIN ANY SUCH CONTENT. ALWAYS CONTACT A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS, OR ARE SEEKING ADVICE, ON ANY MEDICAL CONDITION. NO ACTION SHOULD BE TAKEN WITH REGARD TO ANY MEDICAL CONDITION BASED ON ANY CONTENT READ OR REFERENCES ON ANY SITE OR APPLICATION OWNED OR OPERATED BY BUDDY.
14. Acknowledgement of Laws Related to Cannabis
YOU SPECIFICALLY ACKNOWLEDGE YOU ARE FAMILIAR WITH THE LAWS RELATED TO CANNABIS IN YOUR JURISDICTION. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE CANNABIS IS CURRENTLY ILLEGAL UNDER FEDERAL LAW AS A SCHEDULE 1 SUBSTANCE, WHICH IS SUBJECT TO PENALTIES, INCLUDING ARREST, PROSECUTION, AND OTHER PENALTIES. IN ADDITION, THE INTERSTATE BY UTILIZING ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BUDDY FOR ANY ADVERSE CONSEQUENCES TO YOU DERIVED FROM ANY USE OF ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY.
15. Applicable Law, Jurisdiction, and Venue
These Terms and Conditions, and any cause of action arising therefrom, shall be governed by the Laws of the State of California, without regard to principles of conflict of Laws. Any lawsuit arising from or related to these Terms and Conditions or your use of our Services shall be brought exclusively before the State or Federal Courts located in Sacramento, California and you hereby consent to the jurisdiction of any such court.
16. Applicability
You agree that these Terms and Conditions supersede and cancel all previous contracts or agreements, whether oral, written, or in some other form, whether express or implied, or whether through any prior course of dealing. You agree that Buddy, from time to time, may amend these Terms and Conditions. You further agree it is your responsibility to read and comprehend these Terms and Conditions, and you agree to be bound by them.
If You have any questions in regards to the Terms of Service or Our Privacy Policy, contact Buddy Brand LLC’s Support Team using the following forms of contact below.
Contact Support Email: support[at]buddybrand.us
Buddy Brand LLC is located at 2555 Amy’s Lane, El Dorado Hills, CA 95762
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The Company collects, stores, maintains, and shares information about You in accordance with our Privacy Policy: <[email protected]>
Buddy Brand LLC (“Buddy”) believes strongly that protecting our customers' privacy and security is a top priority.
This privacy policy discloses the privacy practices for Buddy Brand LLC (“Buddy”, “we”, “our”, “company”, or “us”) via Buddybrand.us (our “Website”), and the Buddy iOS app (“Application”) and the services we provide including via the Website and Application (the “Services”) with regards to collecting information from our users (“You”). The policy is designed to apply to our parent company (Buddy Brand LLC) as well as any subsidiaries, joint ventures, or other companies under our common control. The following privacy policy is intended to describe who we are, to explain why we collect, store, use, and share personal information, to go over your rights in relation to your personal information, to provide information about our privacy practices, and to list the choices which may be available to you including:
What personal information is collected from you by Buddy, how that information is used, and with whom it may be shared.
What choices we make available to you regarding the use of your data by Buddy.
The security procedures in place to protect your data.
How you may see, delete, limit, correct any inaccuracies in the information we may have about you.
Types of Personal Information Collected
We collect two types of personal information: identifiable personal information and pseudonymous personal information.
Identifiable personal information (e.g., email address, telephone number) may be used to identify an actual person.
Pseudonymous personal information (e.g., a mobile ad ID) can’t be used on its own to directly identify a person and typically gets used to recognize a particular browser or device over time. We also take steps to de-identify data as described below.
How Your Information Is Collected and Used
We collect information in a variety of ways to facilitate our Services. First, we are sharing some general information about our approach to collecting, using and sharing data.
Identifiable Personal Information. We generally collect identifiable personal information when you provide that information to us. For example, you might provide your email address to subscribe to our newsletter, to create your account with us or to ask us a question. We use this type of information for the purpose it was provided, although we may pseudonymize your identifiable information (e.g, via a one-way hash) to render it pseudonymous so we may use the pseudonymous personal information as described in this policy.
Pseudonymous Personal Information. We automatically collect pseudonymous personal information regarding how users utilize the Website, the App and the Services. We are generally unable to use this type of information to identify an individual user without additional identifiable personal information, but will often use this type of information to drive deeper insights on our users and to facilitate targeted advertising programs.
Aggregated / De-identified Information. We may de-identify data we collect via the Services, Website and/or App (i.e., by removing all pseudonymous and identifiable personal information from the data set) and will share that data with third-parties with fewer restrictions. Similarly, we aggregate data across thousands of users to create statistics sharing insights on demographics or how our users behave while enjoying the Website, App and/or Services.
Publicly Displayed Data – Some of the identifiable personal information contained on your Profile and/or via posts you make on the App may be seen by other users of the App and/or the public. We believe that enabling others to see this type of information helps to facilitate interactions and connections between users – and it makes using the Services we offer more fun! We try to make this clear; particularly as you are using the App. We strongly caution all users to be mindful of what they disclose publicly.
Below are some specifics for how we collect, use and share information.
Account Information
We may require you to provide an email address, telephone number and password to set up an account and use all features of the Buddy Services such as setting up a profile on the App. Your account information is used primarily to help facilitate your login to the App so you can enjoy the Services, although the email address is also used for marketing purposes as described below.
Profile Information
Once you’ve created your account, we encourage you to create your profile so that you may enjoy more of the benefits of the Services. As you create and enhance your profile, we may collect identifiable personal information from you, such as your photo, display name, online status, age or date of birth, or geo-location data. Regarding location data, we provide the option for you to provide your precise location collected via your device as well as your more general location (e.g., city or postal code). Any other information you voluntarily add to your profile on the Buddy App or is generated by your use of the Service is stored by us as part of the Services. Buddy App users can use the search feature in the Buddy App to search for other users by different profile criteria, such as age, indicated interests and location. Your profile information will be used for these searches. The Buddy App may include a feature that allows you to designate certain users as “Blocked”. IMPORTANT NOTE ABOUT PROFILE INFORMATION: YOU UNDERSTAND THAT WHEN YOU USE THE BUDDY APP, AS A DEFAULT, YOUR PROFILE INFORMATION IS PUBLIC AND OTHER USERS OF THE BUDDY APP CAN SEE YOUR PROFILE INFORMATION. DO NOT INCLUDE INFORMATION IN YOUR PROFILE THAT YOU WANT TO KEEP PRIVATE.
Instant Message
When you send an instant message (which may include the ability to share and send photos, your location, audio or video) to other users of the Buddy Service, we will store and retain all the information contained in the messages as part of the Services.
Feedback/Support
If you provide us feedback or contact us via email (e.g., for support), we will collect your name and email address, as well as any other content included in the email, in order to address your questions and concerns and to send you a reply. If you contact us for support ([email protected]), we may also collect and retain certain technical diagnostic data, e.g., your phone make/model and your operating system.
Mailing List / Newsletters / In-App Notifications
We signup all App users to our mailing lists using the email address provided when you create your App profile. Whether or not you are an App user, if you provide us your email address for inclusion in our mailing lists, we will send you email messages. We may email you Buddy news, Buddy Services updates, and/or the latest information on products and services. We may also send you and others included on our mailing lists certain marketing emails from third-party partners that we believe you might be interested in receiving. We will provide you with the opportunity to “opt-out” from marketing related emails about Buddy and/or our third-party partners by providing unsubscribe instructions in the email you receive. We generally will not allow you to opt-out of operational or service related emails (e.g., password recovery or notices of any updates to our Terms of Service or Privacy Policy).
Our App may also deliver notifications to your mobile device. You can disable these notifications in your device’s settings or by deleting our App.
Surveys
We will occasionally provide you with surveys via the Services – either directly via the App or Website, or via your provided email address. When you participate in one of our surveys (which may be provided by a third-party partner), the survey will collect additional information that you provide through the survey. If the survey is provided by one of our third-party partner’s, we will provide that partner’s privacy policy to make clear that such service provider’s privacy policy applies to their collection, use and disclosure of your information. Please review their privacy policy which will be posted in connection with the survey. In many instances, the information you provide via surveys is used by Buddy to segment you and other survey respondents for analytics purposes, to create new products, and to bolster our marketing and advertising efforts.
Purchases
The Website and App from time to time may include a link to purchase Buddy merchandise which may be sold by Buddy directly or a third party partner. If you purchase such merchandise, we will require that the third-party Partner ensure that its terms of use and privacy policy are provided to you in a clear manner. In many instances, information about your purchases is used by Buddy to segment you and other purchasers for analytics purposes, to create new products, and to bolster our marketing and advertising efforts.
Partner Promotion
We may collect information you voluntarily provide when you enter into a promotion from one or more of our third-party partners. For example, we may offer contests, sweepstakes, or other promotions with our third-party partners from time to time. We try to make clear whether our privacy policy or the partner’s privacy policy is applicable. If additional or different privacy practices govern a partner’s promotion, then we will present you with the additional or different terms prior to your entering that promotion. In many instances, the information you provide as you sign up for a partner promotion is also used by Buddy to segment you and other survey respondents for analytics purposes, to create new products, and to bolster our marketing and advertising efforts.
Location Information
When you use the Buddy App, we may collect your location to determine your distance from other users through the GPS, Wi-Fi, and/or cellular technology in your mobile device. We provide you with the option to disclose your precise location (e.g., the lat/long coordinates of your devices within a few feet) as well as your current city or postal code. Many mobile devices will also provide the option to share that information on a one-time or an ongoing basis.
Pseudonymous Information and Log Files
Like most websites and mobile applications, our Website and App collects certain pseudonymous personal information in order to make our Services function. This pseudonymous data includes: your computer or mobile device make/model, the operating system of your computer or device, the IP address(es) you use to access the internet, the domain you were on previous to visiting the Website or App, the time/date of your visit to the Website and App and similar logfile data. Our Services record every click, like, comment or communication you make via the App, Website and/or Services.
We may take steps to de-identify the information in our systems by excluding the identifiable information (such as your name and email) that make the data personally identifiable to you. We use this de-identified data to analyze request and usage patterns so that we may enhance the Buddy Services. Buddy reserves the right to use and disclose this type of data for any purpose in its sole discretion. Pseudonymous personal information may be used by Buddy to segment you and other survey respondents for analytics purposes, to create new products, and to bolster our marketing and advertising efforts.
Advertising
Buddy uses advertising to help fund our Website, App and Services. As described above, we may send third-party offers to the email addresses we have on file. We also may share pseudonymous information about our users and/or subscribers with third-party advertisers who may collect additional data about you or your device in order to serve targeted advertising – a process that is sometimes called interest-based advertising. This process may be deemed a sale of data in California and other places. Many of those advertisers are members of the digital advertising alliance. For information about interest based advertising and the choices available to you, please visit https://optout.aboutads.info/?c=2&lang=EN.
Your Privacy Choices
Cookies - Buddy websites may use cookies (small text files placed on your device) and tracking technology to improve our services and web site. Cookies and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site.
Cookie Controls – We enable certain companies to collect data via cookies on our Website. You may be able to control some of the information we collect by adjusting your browser settings to refuse or disable cookies. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. In addition, your choice to disable cookies is specific to the particular browser or device that you are using when you disable cookies, so you may need to separately disable cookies for each type of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of our Services may no longer be available to you. For more information about how we use cookies, please visit our cookie policy. For more general information about cookies please visit https://allaboutcookies.org/.
Marketing Emails – You can opt out of marketing or advertising emails from us by using the “unsubscribe” link or mechanism noted in those emails.
Do-Not-Track – Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, we currently do not take action in response to these signals.
Accessing, Updating and Deleting Data
Certain places (e.g., the State of California) require companies that collect personal information to provide data subjects located in those places with certain additional rights. We respond to requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. If you wish to make a request regarding personal information we collect via the App, please do so by logging into your account via the App. You may make a request regarding any personal information collected via the Websites or otherwise via the Services by emailing us at support[at]buddybrand.us. The rights that you may have, depending on where you are located, include the right to access (sometimes called the “right to know'') your personal information, the right to delete your personal information, the right to correct your personal information and the right to opt-out of the sale of your personal information. For more information about how you may exercise these rights, please email us at support[at]buddybrand.us.
We do not discriminate against you if you exercise any of the above rights although we may not be able to honor a right if doing so would violate applicable law. As a California consumer, if you make a subject access, deletion or opt-out request as set out in this Privacy Policy, you are entitled to see and delete the personal information that we have about you. California consumers may call our CCPA data subject access request hotline toll-free at 1-833-675-1702.
The number of CCPA requests to know that Buddy received, complied with whole or part and denied in 2022: 0, 0 and 0.
The number of CCPA requests to delete that Buddy received, complied with whole or part and denied in 2022: 8, 0 and 0.
The number of CCPA requests to opt-out that Buddy received, complied with whole or part and denied in 2022: 0, 0 and 0.
The median number of days within which Buddy substantively responded to requests to know, requests to delete and requests to opt-out in 2022: 0.
Onward Transfer of Data
We share information with trusted service providers to perform services on our behalf. These service providers are contractually prohibited from using the information provided to them for purposes other than performing services for us. The categories of service providers that will potentially be used by Buddy include: a) cloud computer, data storage and file storage providers, b) email marketing providers, c) website and b2b sales analytics providers, d) customer relationship management, contact database vendors, data hygiene vendors, survey vendors and project management software providers, e) customer billing systems partners, f) single sign-in and login authentication providers to ensure that the logins to our systems are working efficiently, g) payment processing vendors, h) outsourced computer programmers helping ensure our systems are operating properly, i) auditing, debugging, quality assurance and security vendors.
We reserve the right to share aggregate and/or de-identified data collected via the Services. For example, we may choose to share the aggregate number of users that are located within certain cities. This information cannot be used to contact or identify any person individually.
Buddy may be required to disclose information to third parties when obligated to do so by law and in order to investigate, prevent, or take action regarding suspected, or actual prohibited activities, including transfer reasonably intended to meet national security or law enforcement requirements, or when we believe in good faith that disclosure is necessary to protect our rights, including but not limited to fraud and situations involving potential threats to the physical safety of any person. We may also do so if we feel it is appropriate to assist in investigating or preventing illegal or harmful activities.
Buddy may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If Buddy is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website and/or App of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Third Party Websites
When you click on a link to any other website or location, you will leave the Buddy Website and go to another site and another entity may collect data from you. We have no control over, do not review, and cannot be responsible for, these outside websites, their content of their data collection and privacy practices. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. Not all third-websites provide you with choices regarding how your information gets used.
Children’s Policy
Buddy directs its Website, Apps and Services to adults. Minors are prohibited from using the Website, App or Services under any circumstance. Neither our Website, App, nor our Services are directed at people under the age of 21. If we are made aware that we have received personal information from someone under 21, we will use reasonable efforts to remove that information from our records.
Our Data Retention and Data Minimization Policy
Buddy will retain Profile Information and Instant Messages in the Buddy App or on the servers for the Buddy Service, for as long as needed to provide the Buddy Service and to comply with our legal obligations, resolve disputes and enforce our agreements.
You may change certain fields of your Profile Information by editing your profile in the Buddy App. You may request deletion of your personal information by us, but please note that we may be legally required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
Changes to this Privacy Policy
This privacy policy is subject to change. If the company plans to make any material or substantive changes to its practices or this privacy policy, it will post a clear and conspicuous notice on the Website and in this privacy policy prior to the changes being made and will obtain your consent for such change as required by law.
Users Located Outside Of The United States
Our Services are primarily directed to persons located in North America. If you are located outside of the U.S. while you receive our services, please note that your information will be transferred into the U.S. for processing. If you don’t want data processed in the U.S. please don’t provide us with personal information, set up an account or profile, or use the Website, App or our Services.
United States Legal Compliance
You represent and warrant that 1. You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and 2. You are not listed on any United States government list of prohibited or restricted parties.
Security Of Your Personal Information
Buddy is committed to protecting the security of your personal information from unauthorized access, use, or disclosure. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is entirely secure, however. Therefore, while Buddy uses reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, Buddy cannot guarantee its absolute security.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Non-Discrimination
Certain places have specific rules around non-discrimination in the context of using data. We will not discriminate against you for exercising any of your access, deletion, opt-out or similar privacy rights. Unless permitted by applicable law, we will not:
Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Contact Information. Buddy welcomes your comments or questions regarding this Privacy Policy. Please contact us at the following:
Mailing Address:
Buddy Brand
2555 Amys Lane
El Dorado Hills, CA 95762
support[at]buddybrand.us
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.