Welcome to blinx™ ("BLINX," "we," "us" or "our"). BLINX provides a great way to be present in your children’s lives – sharing pictures and vemo™ (“VEMO”, short voicemails, voice memos) with their in-crowd™ (“IN-CROWD”, family and close friends) in a fun and secure way during their day.
- Our Policy applies to all visitors, users, and others who access the Service ("Users").
1. INFORMATION WE COLLECT
We collect the following types of information.
Information You Provide us Directly:
- Your username and mobile phone number when you register for a BLINX account.
- Your IN-CROWD names and telephone numbers
- User Content (e.g., photos, VEMO, GEMS, comments, and other materials) that you post to the Service.
- Communications between you and BLINX. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related communications.
Setting Up Your In-Crowd on BLINX:
- You will use your contacts list on your phone to select family members or friends to be in each particular IN-CROWD for a specific blinxbook™ (BLINXBOOK).
- BLINX will access your contacts list to determine whether or not someone associated with your contact has already downloaded BLINX.
- Note about IN-CROWD feature: If you choose to invite someone to the Service through our IN-CROWD feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any third party charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, BLINX does not have access to or control this communication.
- Users can add or may have Metadata added to their User Content, including a geotag to mark the location when a photo was taken, VEMO, GEMS, captions or other data.
2. HOW WE USE YOUR INFORMATION
- help you efficiently access your information after you sign in
- remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- provide, improve, test, and monitor the effectiveness of our Service
- develop and test new products and features
- monitor metrics such as total number of visitors, traffic, and demographic patterns
- diagnose or fix technology problems
- automatically update the BLINX application on your device
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside BLINX.
Parties with Whom You May Choose to Share your User Content:
- Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to your IN-CROWD.
What Happens in the Event of a Change of Control:
Responding to Legal Requests and Preventing Harm:
- We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW THE GENERAL DATA PROTECTION REGULATION APPLIES TO OUR EUROPEAN REGION USERS
Our Legal Bases for Processing Information:
We collect, use, and share the information we have as described above:
- as necessary to fulfil our Terms;
- consistent with your consent, which you can revoke at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect your vital interests, or those of others;
- as necessary in the public interest; and
- as necessary for our (or others') legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How You Exercise Your Rights
Under the General Data Protection Regulation or other applicable local laws, you have the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. Where we use your information for direct marketing for our own Services, you can always object and opt out of future marketing messages.
Managing And Deleting Your Information
We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
- blinx Settings. You can change your blinx settings to manage certain information available to other users such as your contacts and in-crowd lists.
- Changing Your Mobile Phone Number and Profile Name. You must change your mobile phone number and transfer your account to your new mobile phone number. You can also change your profile name at any time from within the app.
- Deleting your blinx Account. You may delete your blinx account at any time (including if you want to revoke your consent to our use of your information). When you delete your account, your undelivered communications are deleted from our servers as well as any of your other information we no longer need to operate and provide our services. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the communications you sent them. To exercise your rights, please access the Settings section of the blinx app - here you will find a link which will irrecoverably delete all your account details.
How We Process Your Information
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (blinx Terms and Conditions of Use). The core data uses necessary to provide our contractual services are:
- To provide, improve, customize, and support our services;
- To promote safety and security;
- To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries; and
- To communicate with you, for example, on Service-related issues.
The other legal bases we rely on in certain instances when processing your data are:
- For collecting and using information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location or photos), so we can provide the features and services described when you enable the settings.
When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time, under the GDPR. To exercise your rights, please access the Settings section of the blinx app - here you will find a link which will irrecoverably delete all your account details.
Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"):
For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract only, we may be unable to process personal data on the grounds of contractual necessity. Nevertheless, when such a person uses our Services, it is in our legitimate interests:
- To provide, improve, customize, and support our Services as described in Our Services;
- To promote safety and security; and
- To communicate with you, for example, on Service-related issues.
The legitimate interests we rely on for this processing are:
- To create, provide, support, and maintain innovative Services and features that enable people under the age of majority to express themselves, communicate, discover, and engage with information and businesses relevant to their interests, build community, and utilize tools and features that promote their well-being;
- To secure our platform and network, verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, and keep our Services free of harmful or inappropriate content, and investigate suspicious activity or violations of our terms or policies and to protect the safety of people under the age of majority, including to prevent exploitation or other harms to which such individuals may be particularly vulnerable.
For all people, including those under the age of majority:
- For providing measurement, analytics, and other business services where we are processing data as a controller. The legitimate interests we rely on for this processing are:
- To provide accurate and reliable reporting to businesses and other partners, to ensure accurate pricing and statistics on performance, and to demonstrate the value our partners realise using our Services; and
- In the interests of businesses and other partners to help them understand their customers and improve their businesses, validate our pricing models, and evaluate the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
- For providing marketing communications to you. The legitimate interests we rely on for this processing are:
- To promote blinx products and issue direct marketing.
- To prevent and address fraud, unauthorised use of blinx, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
We will consider several factors when assessing an objection including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
If you are under the age of majority in your country and have a limited ability to enter an enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly.
Compliance with a legal obligation:
Protection of your vital interests or those of another person:
- The vital interests we rely on for this processing include protection of your life or physical integrity or that of others, and we rely on it to combat harmful conduct and promote safety and security, for example, when we are investigating reports of harmful conduct or when someone needs help.
Tasks carried out in the public interest:
When we process your data as necessary for a task carried out in the public interest, you have the right to object to, and seek restriction of, our processing. In evaluating an objection, we'll evaluate several factors, including: reasonable user expectations; the benefits and risks to you and third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort.
Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
5. HOW WE STORE YOUR INFORMATION
Storage and Processing:
- Your information (name and telephone number, IN-CROWD names and telephone numbers) and materials (photos, VEMO, captions) collected through the Service may be stored and processed in any other country in which BLINX, its Affiliates or Service Providers maintain facilities.
- BLINX, its Affiliates, or Service Providers may transfer information that we collect about you, your name and telephone number and those of your IN-CROWD across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
- Photos, VEMO, comments and any other materials are stored until downloaded by all of your IN-CROWD or for two weeks whichever is shorter.
- We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps to verify your identity before granting you access to your account. However, BLINX cannot ensure the security of any information you transmit to BLINX or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
- Please do your part to help us. You are responsible for maintaining the secrecy of your account information, and for controlling access to communications between you and BLINX, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
6. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
- Update your account at any time by logging in and make changes.
- As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
How long we keep your User Content:
- User Content is stored until downloaded by all of that particular the IN-CROWD or for two weeks whichever is the shorter.
- Following termination or deactivation of your account, BLINX, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
7. CHILDREN'S PRIVACY
BOX&ROX treats children's privacy very seriously and requires that any one under the age of 18 years obtains parental consent before using the app.
8. OTHER WEB SITES AND SERVICES