IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, WIGGY IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE THE WIGGY APP.
THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND WIGGY.
FOR PURPOSES OF THE TERMS, ” WIGGY “, “US”, “WE” OR “OUR” MEANS AND INCLUDES WIGGY AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. “YOU” MEANS EACH PERSON WHO ACCESSES OR USES THE WIGGY APP (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE WIGGY APP. FURTHER, “YOUR CHILDREN” OR “YOUR CHILD” REFERS TO YOUR CHILD, YOUR CHILDREN OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.
Creating An Account
By creating an account for the Wiggy App, you represent and warrant that you are 13 years of age or older. If you are under 13 years of age, you are expected to use a parent’s user account. In consideration of your use of the Wiggy App, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms via the Wiggy App (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Wiggy, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to Wiggy. You are responsible for safeguarding the password that you use to access the Wiggy App. When you register for the Wiggy App, you should use a strong password, including a combination of upper and lower case letters. We suggest that you not use the same password for the Wiggy App that you use for other applications or services.
We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy and, in some cases (such as for material changes), we will provide you with additional notice (such as adding a statement to our web site’s homepage or sending you a notification) and/or obtain your prior verifiable consent.
What Information Do We Collect?
Active Collection: When the Mobile App is downloaded, we collect a parental email and password in connection with obtaining parental consent and creating a parent account. Parents may also provide additional information, when they set up Wiggy or through the parent account, such as indicating their child’s name and other conversation options that are used to improve the conversational experience.
Passive Collection: When the Mobile App or Services are being used, some information is also automatically collected. For example, we may automatically collect certain information when you use the Mobile App, such as device model and name, operating system and version, the browser type, mobile network information, preferred language, time zone, and activity on the Mobile App. We may also automatically collect certain logistical information in server logs, including information about how various features of the Mobile App and Services are used and information about the number, frequency and length of each session. On our Site, we may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us analyze and improve our Site and Services, and our other products and services, and the experience of our users. If we link cookies to any personally identifying information, we will treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features of the Site or Services.
How Do We Use the Personal Information We Collect?
Wiggy LLC uses parental email in order to obtain parental consent for your children’s use of the Services and to create a parent account, which allows you to access the Parental Settings section of the Wiggy app.
Wiggy LLC may also use the parental email and other information parents provide, or that is automatically collected, through the Mobile App or the parent account as follows:
- To provide and maintain the Services and to send you notifications, confirmations, updates, product announcements and otherwise facilitate your or your children’s use of, and our administration and operation of, the Services;
- To respond to your communications and requests, provide customer service, notify you about important changes to our Services and our terms and policies and otherwise contact you about your or your children’s use of the Services;
- To monitor and analyze usage and activities regarding the Site and the Mobile App; and
- To provide you with news and information about
Wiggy LLC, Wiggy, and products, services, events, activities, offers, and promotions we think will be of interest to you (with your consent where prior consent is required by applicable law) unless you opt out of such use.
We may store and process personal information in the United States and other countries.
What Information Do We Share With Third Parties?
We will not share the personal information we collect through the Services with third parties, except as described in this Policy. For example, we may share Recordings and other personal information as follows (subject to any applicable COPPA requirements or restrictions):
- When you give us your consent to do so, including if we collect account related information from you and notify you that the information you provide will be shared in a particular manner and you provide such information;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Wiggy LLC
We may also share aggregated or anonymized information that does not constitute personal information. For example, we may share analytics and other aggregate information about users’ activities on our Services that do not contain any personal information with parties we partner with.
Service Providers are not authorized to use any Recordings or other personal information they receive from us for their own purposes (e.g., for purposes not related to providing, maintaining, testing, developing or improving the services and technology being provided to Wiggy LLC).. These Service Providers and other third parties may not use any Recordings, feature extracted data, transcripts or any content contained therein to contact or advertise to children.
What Steps Do We Take To Protect Your Information Online?
We take reasonable measures to protect personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we use secure, encrypted communications when transferring all personal information over the web. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and there is no method of data transmission that can be guaranteed to protect against any interception or other type of misuse.
What Choices Do You Have Regarding the Use of Your Information?
You may choose to permanently delete your Wiggy LLC account. We will delete all personal information connected with your account when you close your account in this manner except that cached copies may exist for a certain period of time after the account is deleted. Account deletion will be performed at your request, through the Wiggy support website located at email@example.com.
Under applicable privacy legislation you may have rights of access to and correction of the personal information held by us. For example, under COPPA, parents have the right to review or have deleted any personal information (including Recordings) collected from their child that are retained by Wiggy LLC and parents may refuse to permit further collection or use of their child’s personal information. If you wish to stop any further collection or use of your child’s personal information, or delete your email, you must delete your account.
You may “opt out” of receiving marketing or promotional emails from us by following the unsubscribe instructions in those emails. Where required by applicable law, we will get your consent prior to sending you such emails.
Questions or Concerns?
If you have any questions about this Policy or any concerns about your privacy, please contact us at firstname.lastname@example.org.
Subject to the terms, conditions and limitations set forth in the Terms, Wiggy grants you a nonexclusive, non-transferable and revocable license to use the Wiggy App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Wiggy that replace and/or supplement the original Wiggy App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the Wiggy App; (ii) make the Wiggy App available over a network where it could be used by multiple devices at the same time; (iii) sell, license, rent, assign, lease, lend, redistribute or sublicense the Wiggy App; (iv) modify, port, translate, or create derivative works of the Wiggy App; (v) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Wiggy App by any means (except as and only to the extent any of these restrictions are prohibited by applicable law); (vi) submit any automated or recorded requests to the Wiggy App; (vii) use the Wiggy App for commercial use; (viii) use the Wiggy App for purposes of comparison with or benchmarking against products or services made available by third parties; (ix) knowingly take any action that would cause the Wiggy App to be placed in the public domain; and (x) remove, alter or obscure any copyright, trademark or other proprietary rights notice or labels on or in the Wiggy App. If you violate any of the restrictions set forth in the Terms, your right to use the Wiggy App will immediately cease and you may have infringed the copyright and other rights of Wiggy, which may subject you to prosecution and damages. Wiggy reserves all rights not expressly granted in the Terms, and no licenses are granted by Wiggy to you under the Terms, whether by implication, estoppel or otherwise, except as expressly set forth in the Terms.
Consent to Use of Data and Communications
You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Wiggy App, and you agree that you will not do any of the following in connection with the Wiggy App:
- Use the Wiggy App in any manner that could damage, disable, overburden or impair the functioning of the Wiggy App in any manner;
- Use the Wiggy App for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms;
- Modify, adapt or hack the Wiggy App; or
- Infringe upon or violate the rights of Wiggy.
- Any use of the Wiggy App in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Wiggy App.
Modification of Terms
Suspension and Termination
Limitation of Liability
No Third Party Beneficiaries
Modifications to the Wiggy App
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Wiggy has adopted a policy of terminating, in appropriate circumstances and at Wiggy’s sole discretion, account holders who are deemed to be repeat infringers. Wiggy may also, at its sole discretion, limit access to the Wiggy App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Wiggy will respond to claims of copyright infringement committed using the Wiggy App that are reported to Wiggy’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.