Effective date: July 8, 2022
The website www.withapp.com and the WITH mobile application (collectively, the “Application") is owned and operated by Focal App, Inc. d/b/a WITH (“Company,” “we,” “our,” or “us”). The Application provides a mobile application which allows communication with your friends and other users of the Application and provides information related to the mobile application (the “Services”).
We collect your information only when you provide it to us, arrange your settings to share it with us, or when you are using the Application. We collect only the minimum amount of information necessary to perform and improve the Services. We do not sell or rent your information to third parties.
Table of Contents
- Information We Collect
- How We Use Your Personal Information
- How We Share Your Personal Information
- Your Choices
- Google Analytics
- Interest-Based Ads
- Do Not Track
- Service Providers
- Links to Other Sites, Mobile Applications, and Services
- Security practices
- Notice to Nevada Residents
- Notice to Utah Residents
- Commitment to Children's Privacy
- Notice to Residents of the European Economic Area, EU, and UK
- Notice to Residents of California - Your California Privacy Rights
- How to Contact Us
Information We Collect
While using our Services, we may ask you to provide us, or we may collect certain personal information that can be used to contact or identify you (“Personal Information”).
We collect the following Personal Information when you register for an account with the Application, when you choose to provide to us or allow us to access such information, when you contact us to request information regarding our Services, or when you otherwise use the Services.
When you sign up for an account on the Application, we will collect your name, mobile phone number, date of birth, and mobile device id (collectively “Identifiers”).
When using the Application, you may choose to provide us with your name, phone number, a photograph or video for a profile image, your contact list if choose to share it with us, feedback, survey responses, other information you may voluntarily share in your profile or in any messages to us (collectively, “User Information”).
When you access and use the Application, we will collect information on how you use the Application, such as when you use the Application, who you friend with, your login behavior, your messaging behavior, the time of your visit, pages visited, and time spent on each page of the webpages or on the application (collectively, “Usage Information”)
We also collect analytical information such as referring site details, network location, browser type, operating system, IP address, and device information when you use the Application (collectively “Analytical Information”).
How We Use Your InformationWe use your Personal Information to provide you the Services, and to receive and respond to your inquiries about products, services, or support. To address your questions, we may subsequently need to request additional information. We may use your Personal Information to contact you about products or services that we believe may be of interest to you. We will use your Personal Information to register your account. We may also review your Personal Information, including content you send in messages, for any reason including safety and moderation purposes. We may use User Information to provide you more personalized Services, ensure we comply with local laws, to improve our Services, to contact you about our Services, and for security purposes. We may also use your contacts to help you find your friends in the Application and to allow you to text invites to friends. We use your Usage Information to track your movement on the Application to improve our product, improve our layout and page arrangement, and improve the functionality and features of the Application. When you use the Application and Services, we automatically collect and use Analytical Information in order for us to track your movement on the Application to improve our product, improve our layout and page arrangement; receive information on your browser type to ensure our Application remains compatible with the browsers used by our customers; improve your experience with our Services; and to promote our Services. We use your Analytical Information in the aggregate to determine market trends and trends in customer behavior.
How We Share Your InformationWe may share your Personal Information to provide a product or service you have requested. We may share your Personal Information with service providers that perform tasks on our behalf related to our business, such as cloud service providers, analytical services, customer service, or social media services. We may disclose your Personal Information as required or appropriate by law, including to comply with legal process and to respond to requests from public and government authorities; to enforce our terms and conditions, including investigations of potential violations thereof; to detect, prevent, or otherwise address fraud, security, or technical issues; and to protect our operations. We may otherwise share or disclose your Personal Information with your consent. We may also share your Personal Information with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.
Do Not TrackSome internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the website does not currently interpret, respond to, or alter its practices when it receives “Do Not Track” signals.
Service ProvidersWe may employ third-party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, and to assist us in analyzing how our Services are used. We take commercially reasonable measures to contract with Service Providers that implement commercially reasonable protections when processing your Personal Information.
SecurityWe maintain reasonable technical safeguards to protect the security, integrity, and privacy of your Personal Information. However, no method of Internet transmission or electronic storage is 100% secure or error-free, so it is never possible to guarantee absolute security.
Notice to Nevada ResidentsNevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to us through one of the methods provided in the “Contact Us” section below and put “Nevada Opt-Out” in the subject line.
Notice to Utah residentsWe do not disclose your personal information to any third party for such third party’s direct marketing purposes.
Commitment to Children’s PrivacyIn compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, this Application does not collect information from children under thirteen (13) years of age, and we do not intentionally collect information from persons under thirteen (13) years of age. Use of the Services is limited to users that are thirteen (13) years of age and older. By using the Application, you represent and warrant that you are either (a) eighteen (18) years of age or over, or (b) that you are between 13-18 years of age and have the consent of your parent or guardian to use the Application.
Notice to Residents of the European Economic Area, EU, and UKWe are not offering the Application to users who reside in the European Union, the European Economic Area, and the United Kingdom. We do not target advertising to residents of these regions. Residents of the European Union, the European Economic Area, and the United Kingdom are not allowed to use the Application.
Notice to California Residents
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”
Right to Know About Personal Information Collected, Disclosed, or Sold
If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:
- Specific pieces of Personal Information that we have collected about you;
- Categories of Personal Information that we have collected about you;
- Categories of sources from which the Personal Information was collected;
- Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
- Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
- The business or commercial purpose for collecting or, if applicable, selling Personal Information.
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.
Collection of Personal Information
- Identifiers (name, Internet protocol address)
- Unique personal identifiers (device identifier; mobile ad identifiers, or other similar technology; telephone numbers)
- Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application, or advertisement)
- Geolocation data (in the form of IP address)
- Characteristics of protected classifications under California or federal law (age)
In addition to the purposes stated above in the section “Collecting and Using Information” we currently collect, and have collected, the above categories of Personal Information for the following business or commercial purposes:
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
- Debugging to identify and repair errors that impair existing intended functionality
- Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction
- Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business
- Advancing a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction
Disclosure of Personal Information
|Category of Personal Information||Category of Third Parties to Whom Information was Disclosed|
|Name||Cloud computing service provider|
|Photograph and biometric identifiers||Cloud computing service provider|
|IP address||Cloud computing service provider
Fraud detection and prevention provider
Analytics Service Provider
|Device identifier||Cloud computing service provider
Analytics Service Provider
|Telephone number||Cloud computing service provider|
|Website Browsing history||Cloud computing service provider
Analytics Service Provider
Online Marketing/Advertising Service Providers
|Information regarding consumer's interaction with website, application, or advertisement||Cloud computing service provider
Marketing service provider
Analytics Service Provider
Online Marketing/Advertising Service Providers
|Geolocation data (from IP address)||Cloud computing service provider|
|Age||Cloud computing service provider|
Right to Request Deletion of Personal Information
If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
How to Submit a Request to Know or Delete
Because we operate exclusively online, you may submit a request to know or delete in the Settings page of the Application.
Our Process for Verifying a Request to Know or Delete
If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.
Registered users of the Application may only submit a request to know or delete through the link provided only when you are logged into your account through the Application. For unregistered visitors to the Application, for requests to know categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.
For requests to know specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.
Right to Opt-Out of Sale of Personal Information
If you are a California resident, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information as it is defined in the CCPA, so this right is not available and does not currently apply to our collection and use of Personal Information.
Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights
We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.
Shine the Light Law
We do not disclose personal information obtained through our Application or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
How to Contact Us
Please contact us per below for questions or concerns about our privacy policies or practices.
Focal App Inc., d/b/a WITH App