Privacy Policy

Last updated: May 8, 2018

This privacy notice is provided by Nearby Inc. (dba “HeyNearby”), in connection with its provision of HeyNearby services (the “Services”), and is applicable to your personal and/or business account at HeyNearby. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or use our website (heynearby.com) or web and mobile applications (the “Apps”).

Our Commitment to Privacy

HeyNearby knows that you care about how your personal information is used and shared, and we take your privacy seriously. Our primary goal is to provide you with exceptional service and we understand that you may have questions or concerns regarding your personal information and how it will be used.

Applicability of Privacy Policy

This privacy policy applies to all information we collect through our web and mobile applications from current and former HeyNearby users, including you. When you are no longer our customer, we continue to store and use your information as described in this policy.

Information We Collect

When you visit the website or use one of our mobile applications, we collect your IP address, and standard web log information, such as your browser type and the pages you accessed on our website. We also may collect certain geolocation information. If you do not agree to our collection of this information, you may not be able to use our Service.

If you open a HeyNearby account, we collect the following information from you:

  • Account Information - your name, email address, and phone number

  • Device Information - information about you from your mobile device such as your device type, machine or mobile device identification number, geolocation, timezone, language setting, browser type, and IP address.

  • Content - We collect the content, communications and other information you provide when you use our Services, including when you sign up for an account, create or share content, and message or communicate with others.

  • Social Web Information - If you use Facebook Connect to signup or log in, the plug in allows us access your name, profile pic, email, and public profile. We do NOT access your friends’ contact information.

  • Phone Contacts Information - If you allow access to your phone contacts, we check to see if names, phone numbers, or emails match with other HeyNearby users within the HeyNearby app. This information is not shared with any other parties. Phone and email contact information helps you connect to friends and contacts for invitations and connection within the HeyNearby app.

  • Location data - We use your geolocation only while you are using the app so we can find businesses and blasts near you.

  • Financial Information - credit cards linked to your HeyNearby account. Credit card information is not handled or stored by HeyNearby but instead is securely stored with our payments partner Braintree. HeyNearby does not share financial information with any other companies. You should consult with Braintree for further details on how they secure financial information and protect your privacy. (www.braintreepayments.com)

How We Use Cookies

When you visit our website, use our mobile application or the HeyNearby Services, we and certain business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies"). We use Cookies to recognize you as a customer; customize HeyNearby Services, other content and advertising; measure the effectiveness of promotions; perform a wide range of analytics; mitigate risk and prevent potential fraud; and to promote trust and safety across our Services.

Certain aspects and features of the Services and our website are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the websites and Services may be limited or not possible.

How We Protect & Store Personal Information

We store and process your personal information using third party servers located in data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

We strive to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your HeyNearby password with anyone.

If HeyNearby learns of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the HeyNearby Services, you agree that HeyNearby may communicate with you electronically. HeyNearby may post a notice on the website or mobile application if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach) you should notify us.

How Do We Use Your Personal Information?

Our primary purpose in collecting personal information is to provide you with a smooth, efficient, fun and customized experience. We may use your personal information to:

  • provide the services and customer support you request;

  • process transactions and send notices about your transactions or your network activity;

  • verify your business

  • resolve disputes, collect fees, and troubleshoot problems;

  • prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement;

  • create an account connection between your HeyNearby account and a third-party account or platform;

  • customize, personalize, measure, and improve our services and the content and layout of our website;

  • communicate with you

  • send you updates about new products and services that we are offering to customers;

  • compare information for accuracy and verify it with third parties; and

  • perform other duties as required by law.

How We Share Information with HeyNearby Merchants

We do NOT share your contact information (email and phone number) with HeyNearby merchants or other users. If you choose to interact with a merchant or friend within the app (by giving kudos, favoriting them, pinning their blast, messaging them, sharing their blast with a friend, or adding a friend), your name and profile image will be visible to them and anyone using the app. Your contact information is never shared or available to merchants or other users on HeyNearby. NOTE: You may choose to call a merchant from the app in which case your Caller ID may be visible to the merchant as with any call you make from your phone. Merchants may upload and invite their own customer contacts to the app in order to see which of their customers are HeyNearby users. If so, they likely obtained your contact information directly from you as one of their existing customers or from another source.

How Your Personal Information Shows Up in the App

We hope you join us in building community at HeyNearby. Inherent to that mission is connecting HeyNearby users to their local businesses and to each other in your town. We do this so that we can find and connect with businesses through in-app blasts, messaging, favoriting, kudos, and other user actions within the app.

We cannot effectively build trust and connection through anonymity so we verify businesses and encourage users to be themselves. Your name and profile pic are public within the app. When you perform certain actions (like favoriting businesses, pinning and sharing blasts, giving kudos, adding friends, achieving coin levels, and more), they may be visible in the Town Feed, Friend Feed, and/or your personal feed. Your Favorites list will be visible to users who add you as a friend. Your profile in the app displays your name, profile pic, and badge level. When you use HeyNearby to communicate with businesses, those businesses can see the content you send. Through these features, everyone in town is able to connect with each other to share local business information and recommendations in the community.

How You Can Access or Change Your Personal Information

You can review and update your personal information in your account settings at any time by logging in to your account.

Links to Other Sites

The website or mobile application may contain links to other third-party websites. HeyNearby does not control the information collection of third-party websites that can be reached through links from the website and app. We encourage our users to be aware when they are leaving the website and to read the privacy statements of any third-party website that collects personally identifiable information.

How We Share Personal Information with Other Parties

HeyNearby does not share your personal information with third parties for their promotional or marketing purposes.

We may share your personal information with:

  • Law enforcement, government officials, or other third parties if HeyNearby is compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the HeyNearby User Agreement, or as otherwise required by law.

  • Companies that Nearby Inc. plans to merge with or be acquired by or, in the event of any bankruptcy, a bankruptcy estate. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice and the opportunity to communicate preferences you may have, if applicable.

  • Third party service providers who assist us in providing services to you or who provide fraud detection or similar services on our or any vendor’s behalf.

  • Other HeyNearby users, your HeyNearby friends and their HeyNearby friends, or the public, through the HeyNearby feed on our website and mobile application and elsewhere on the internet may see your limited personal information (name and profile pic). See above: How your personal information shows up in the app.

  • Service providers under contract who help with parts of our business operations (for example, fraud prevention, payment processing, or technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

  • Other third parties with your consent or at your direction to do so, including if you authorize an account connection with a third-party account or platform.

    • For the purposes of this privacy policy, an "account connection" with such a third party is a connection you authorize or enable between your HeyNearby account and a non-HeyNearby account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, HeyNearby and the third-party will exchange your personal information and other information directly. Examples of account connections include: linking your HeyNearby account to a social media account or social messaging service, or connecting your HeyNearby account to a third-party data aggregation or financial services company.

    • If you connect your HeyNearby account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and account and transactional information, such as purchases. If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service. For example, if you connect your HeyNearby account to a social media account, we will receive personal information from the social media provider via the account connection. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this privacy policy.

    • Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your personal information as part of the account connection. For example, personal information that HeyNearby shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices.
       

  • HeyNearby does not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so. When you broadcast information to such third-party social networks, such information is no longer under the control of HeyNearby and is subject to the terms of use and privacy policies of such third parties.

Do Not Track

Please note that we do not alter our Apps’ data collection and use practices when we see a Do Not Track signal from your browser.

Data Retention

When you use the Apps, we will maintain your Personal Information for our records unless and until you ask us to delete this information.

Age

We do not knowingly solicit or collect information from any individuals under the age of 13 as part of the Service. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records.

Notification of Changes

HeyNearby is always improving. As the HeyNearby Services evolve we may occasionally update this privacy policy. If we modify this privacy policy, we will post the revised privacy policy to the website, and we will also revise the "last updated date" stated above. If we make material changes in the way we use personal information, we will notify you by posting an announcement on our mobile application or website or by sending you an email. It is your responsibility to periodically review this privacy policy; users are bound by any changes to the privacy policy by using the HeyNearby Services after such changes have been first posted.

Contact Us

For more information about our privacy practices or if you have questions, feedback, or concerns, please contact us by email at hello@heynearby.com.