Privacy Policy

Welcome and thank you for your interest in the SmartEmoji® Mobile Engagement Platform. The Platform is a social messaging and app service empowered by SmartEmoji Technology. This technology allows users to receive, create, and share custom content across social media and the internet. SmartEmoji content can include alphanumeric characters and custom emoji together within posted messages.

The SmartEmoji service and website (located at smartemojitech.com) along with the associated services, networks, downloadable software and mobile applications (including tablet applications) (collectively, the “Service”) is operated by Bad Donkey Social Company (“BDSC,” “BDS Mobile,” “we,” or “us”).

This Privacy Policy (“Policy”) describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.

This Policy is incorporated into and is subject to the Terms of Use. Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Use.

The information we collect on the Service:

  • User-Provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number and credit card or other billing information. Personal information also includes other information, such as date of birth, gender, geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you create a profile, use the Service, post User Content, make a purchase on the Service, interact with other users of the Service through communication or messaging features or send us customer service-related requests.
  • “Cookies” Information. When you visit the Service, we may send one or more cookies (a small text file containing a string of alphanumeric characters) or similar code to your computer or mobile devices (collectively, “Devices”). Some of this code may remain on your Devices and may be used by your browser or Devices on subsequent visits to the Service. This allows us to “remember” what you have done on the Service before and personalize the Service for you. Please look through your browser’s or Devices’ technical support resources to learn the correct way to remove or disable this code. Please note that disabling this code may prevent you from accessing some of the functionality and offerings available via the Service.
  • “Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on or forwarded a message. This information is gathered from all users. Note to Beta Users: By downloading the beta version of the App you agree that information about your interactions with the App may be collected by Apple (developer.apple.com/testflight) and shared with BDSC so that we may improve the App before its release to the general public.
  • Third-Party Web Beacons and Third-Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third-party content on the Service. Additionally, we may implement third-party buttons (such as Facebook “Like” or “Share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and BDSC does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use and disclosure policies.
    Additionally, please be aware that Google and other third-party vendors may place or recognize one or more unique cookies on your computer when you use the Service, and may record information to these cookies based upon your activities on our Service and on third-party websites and other third-party services. Google and these other third-party vendors may use information about those activities to inform, optimize and serve advertisements. In particular, we may use Google and other third-party vendors to engage in “remarketing,” in which advertisements you see on third-party websites and services may be based on your prior visits to our Service.
    To learn more about these practices, and to opt out from Google’s and other vendors’ use of information collected on the Service through cookies for advertising purposes, you may visit Google’s Ads Preferences Manager or the Network Advertising Initiative opt-out page. Please note that opting out will not prevent advertisements from being served to you on the Internet; it will only result in advertisements that utilize cookies to serve advertisements on the specified advertising networks from which you opt out no longer being targeted. We are not responsible for the activities of other parties that may not comply with your opt-out requests.
  • Integrated Services. You may be given the option to access or register for the Service through the use of your user name and password for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you agree that we may access, make available and stored (if applicable) any information that you have provided to and stored in your Integrated Service account; including sources that it is available on and through the Services, including but not limited to any information regarding location, content posted, friends, contacts and other information that the Integrated Service makes available to us. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
  • SmartEmoji Platform Usage. IF YOU USE The SMARTEMOJI PLATFORM, WE WILL TRACK YOUR USE OF SUCH SMARTEMOJI (SUCH AS HOW MANY TIMES YOU USE THEM, WHEN YOU USE THEM AND WHO YOU SEND THEM TO) AND PROVIDE SUCH USAGE INFORMATION TO OUR CORPORATE PARTNERS.
  • Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.

How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

  • We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
  • We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, SmartEmoji, services, features and functionality.

We use your device’s contact list to help you discover which friends are already using SmartEmoji apps and to allow you to invite additional friends to join the Service if you so desire.

  • We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt out of receiving any promotional communications as described below under “Your Choices.”
  • We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions and status in any promotions or other activities on the Service.

When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users.
  • We may disclose non-personally identifiable information about you to our corporate partners, including, but not limited to how often you have sent or received their SmartEmoji along with the details regarding such communications (such as time, date, geography, etc.)
  • We work with third-party service providers to provide website, application development, hosting, maintenance, payment processing, fulfillment/ shipping and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • We may make certain aggregated, non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits and usage patterns for certain programs, content, products, services, advertisements, promotions and/or functionality available through the Service.
  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant or to otherwise cooperate with law enforcement or other governmental agencies.
  • We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to enforcement of our agreements), or the rights, property or safety of others.
  • Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets or similar transaction, as well as in the event of an insolvency, bankruptcy or receivership in which information is transferred to one or more third parties as one of our business assets.

Your Choices

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update and correct your profile information and preferences at any time by accessing your profile on the Service. If you wish to amend other personal information we hold about you, or to request that we delete any personal information about you that we have obtained from an Integrated Service, you may contact us at support@bdsmobiletech.com and we will use commercially reasonable efforts to make such amendments or deletions. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations or where we otherwise reasonably believe that we have a legitimate reason to do so. In addition, to the extent that your personal information has been made publicly available or available to other users, we will not be able to prevent such third parties from continuing to use it.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the footer of the email. You may also opt out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at support@bdsmobiletech.com or by writing to us at the address given at the end of this policy.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may receive promotional communications from us that you have opted out from during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Third-Party Services

The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at support@bdsmobiletech.com and request that we delete that child’s personally identifiable information from our systems.

Data Security

We use certain physical, managerial and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at support@bdsmobiletech.com.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

International Visitors

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage and processing.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices or your consent choices by email at support@bdsmobiletech.com.

Bad Donkey Social Company

411 W. Main Street

Madison, WI 53703

©2011-2017 BDSC. All Rights Reserved. Patent Pending.