Our Privacy Commitment
Last Modified on November 6, 2019
Backchat, Inc. (“Backchat,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Zoominator mobile application (the “App”) and the Zoominator website (the “Site”) where this Privacy Policy is posted (we refer to the Site, the App and the services made available by Backchat, collectively, as the “Zoominator Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Zoominator Features how we use and protect the information we collect through the Zoominator Features. By using any of the Zoominator Features, you consent to Backchat’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and the Zoominator Features and not to any other website or mobile application that you may be able to access from the Site or the Zoominator Features which may have its own data collection and use practices and policies.
Types of Information We Collect
In normal usage, Zoominator does not collect any information. If you use the "Contact Us" feature, you will be given an opportunity to compose an e-mail which will provide your e-mail address to Backchat, as well as any information you choose to disclose in the e-mail.
How We Use Your Personal Information
The information you provide to us will allow us to respond to your e-mail inquiry. We keep track of your interactions with us. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our information collection servers and perform technology and related services.
Third Party Privacy Policies
Through the Zoominator Features, you may be able to link to technology, software and services owned and controlled by third parties (“Third Party Features”). You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s terms of use, terms of service and privacy policy. You agree to look solely to the applicable third party and not to Backchat to enforce your rights in relation thereto.
Protection of Rights
We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Zoominator Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Zoominator Features, or (iv) such action is appropriate to protect the rights, property or safety of Backchat, its employees, users of the Zoominator Features or others.
Asset Transfer
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Backchat’s assets, user information, including personal information collected from you through your use of the Zoominator Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email or a prominent notice on the App or Site.
Mediation
You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Backchat will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
What security measures do we take to safeguard your personal information?
The personal information that you provide to us is stored on servers which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Backchat employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Zoominator Features. All Backchat personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Zoominator Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
Notification of Changes
This Privacy Policy may change from time to time and we will post all changes on the Site and the App.
Questions? Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at support@backchat.co