Privacy & Data Policy
Effective date: August 24, 2019
Freshmes, Inc. (“us”, “we”, or “our”) operates the www.freshmes.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
This policy describes the information we process to support Freshmes and other products and features offered by Freshmes (Freshmes Product or Products). You can find additional tools and information in the Freshmes Settings.
- What kinds of information do we collect?
To provide the Freshmes Products, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the Freshmes Settings.
Things you and others do and provide.
- Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. Our systems automatically process content and communications you and others provide to analyze context and what’s in them for the purposes described below.
- Data with special protections: You can choose to provide information in your Freshmes profile fields or Life and/or Work Posts and Events about your religious views, political views, who you are “interested in,” or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.
- Networks and connections. We collect information about the people, pages, accounts, hashtags, and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
- Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our Products, and what posts, videos and other content you view on our Products.
- Information about transactions made on our Products. When you use our Products for purchases or other financial transactions (such as when you make a purchase), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
- Things others do and information they provide about you. We also receive and analyze content, communications, and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.
Information we obtain from these devices includes:
- Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
- Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
- Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Freshmes Company Products associated with the same device or account).
- Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
Information from partners.
Advertisers, app developers, and publishers can send us information through Freshmes Business Tools they use, including our social plug-ins (such as the Like button), Freshmes Login, our APIs and SDKs, or the Freshmes pixel. These partners provide information about your activities off Freshmes—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Freshmes account or are logged into Freshmes. For example, a developer can tell us your activity on a feature that has been stacked with our infrastructure while active on Freshmes, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services or through third parties, they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.
II. How do we use this information?
We use the information we have (subject to choices you make) as described below and to provide and support the Freshmes Products and related services described in the Freshmes Terms. Here’s how:
Provide, personalize and improve our Products.
We use the information we have to deliver our Products, including to personalize features and content (including your Brand Page Feed (Posts, Event Posts, Blogs, and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places, or things you’re connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Freshmes experience, including features, content, and recommendations in Freshmes Products; you can also learn more about how we choose the ads that you see.
- Information across Freshmes Products and devices: We connect information about your activities on different Freshmes Products and devices to provide a more tailored and consistent experience on all Freshmes Products you use, wherever you use them. For example, we can suggest that you join a group on Freshmes that includes people you follow or communicate with. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Freshmes Product when you sign up for an account on a different Product.
- Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you’re near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you’ve allowed us to collect it), IP addresses, and information from your and others’ use of Freshmes Products (such as check-ins or events you attend).
- Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
- Ads and other sponsored content: We use the information we have about you-including information about your interests, actions, and connections-to select and personalize ads, offers and other sponsored content that we show you. Learn more about how we select and personalize ads and your choices over the data we use to select ads and other sponsored content for you in the Freshmes Settings.
Provide measurement, analytics, and other business services.
We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners.
Promote safety, integrity, and security.
We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Freshmes Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. To learn more, visit the Freshmes Security Help Center.
Communicate with you.
We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
Research and innovate for social good.
We use the information we have (including from research partners we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health, and well-being. For example, we analyze information we have about migration patterns during crises to aid relief efforts.
III. How is this information shared?
Your information is shared with others in the following ways:
Sharing on Freshmes Products
People and accounts you share and communicate with.
When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Freshmes, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use Freshmes to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Freshmes. Public Information can be seen by anyone, on or off our Products, including if they don’t have an account. This includes your username; any information you share with a public audience; information in your public profile on Freshmes; and content you share on a Freshmes Page or any other public forum, such as Freshmes Homepage. You, other people using Freshmes, and we can provide access to or send public information to anyone on or off our Products, including in other Freshmes Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Freshmes
Content others share or reshare about you.
You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person. Also, when you comment on someone else’s post or react to their content, your comment or reaction is visible to anyone who can see the other person’s content, and that person can change the audience later.
People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a Post, Blog or Event mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content.
Information about your active status or presence on our Products.
People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Freshmes, or when you last used our Products.
Apps, websites, and third-party integrations on or using our Products.
When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products now and in the future, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on Freshmes, and any information that you share with them. Apps and websites you use may receive your list of Freshmes friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Freshmes friends from you, or information about any of your connections (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Freshmes (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.
Note: We are in the process of restricting developers’ data access even further to help prevent abuse. For example, we will remove developers’ access to your Freshmes data if you haven’t used their app in 3 months, and we are changing Login, so that in the next version, we will reduce the data that an app can request without app review to include only name, username and bio, profile photo and email address. Requesting any other data will require our approval.
If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve our Products or who use Freshmes Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don’t sell any of your information to anyone, and we NEVER Will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:
Partners who use our analytics services.
We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Freshmes Products. For example, Page admins and business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account.
We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don’t share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Freshmes ads led you to make a purchase or take an action with an advertiser.
We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
Partners offering goods and services in our Products.
When you subscribe to receive premium content, or buy something from a seller in our platform and Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.
Vendors and service providers.
We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.
Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health, and well-being.
Law enforcement or legal requests.
We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Freshmes Settings
IV. How do the Freshmes Companies work together?
Freshmes share infrastructure, systems, and technology with only Freshmes and its affiliates to provide an innovative, relevant, consistent and safe experience across all Freshmes Company Products you use. We also process information about you across the Freshmes platform and partners for these purposes, as permitted by applicable law and in accordance with their terms and policies. We also work to understand how people use and interact with Freshmes Company Products, such as understanding the number of unique users on different Freshmes Company Products.
V. How can I manage or delete information about me?
We provide you with the ability to access, rectify, port and erase your data. Learn more in your Freshmes Settings. We store data until it is no longer necessary to provide our services and Freshmes Products, 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 data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Freshmes, you can access and delete that query from within your search history at any time* (version 2.0), but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, this particular service is managed by one of our third-party partners (to be disclosed once this feature is launched. Learn more about deletion of content you have shared and cookie data obtained through social plugins.
When you delete your account, we delete things you have posted, such as your photos and status updates, and you won’t be able to recover that information later. Information that others have shared about you isn’t part of your account and won’t be deleted. If you don’t want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Freshmes Settings.
VI. How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement or others:
- 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. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
- When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.
Information we receive about you (including financial transaction data related to purchases made with Freshmes) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.
VII. How do we operate and transfer data as part of our global services?
We share information globally, both internally within the Freshmes Company and its affiliates, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Freshmes Terms and to globally operate and provide our Products to you. We utilize standard contract clauses, rely on the European Commission’s adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries.
VIII. How will we notify you of changes to this policy?
We’ll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.IX. How to contact Freshmes with questions. You can learn more about how privacy works on Freshmes If you have questions about this policy, you can contact us as described below. We may resolve disputes you have with us in connection with our privacy policies and practices through TrustArc. You can contact TrustArc through its website.
You can contact us online or by mail at:
ATTN: Privacy Operations 315 West 36th Street, New York, NY 10018
Date of Last Revision: August 21, 2019
Last Updated: August 20, 2019
Information We Collect and How We Collect Information
The information we collect from you falls into two categories: personally, identifiable information (“Personal Information”) and non-personally identifiable information (i.e., information that cannot be used to identify who you are) (“Non-Personal Information”). Below are the various ways in which we may collect Personal Information and Non-Personal information from you.
Information We Automatically Collect. We and third-party service providers acting on our behalf, which may include third-party analytics service providers and third-party advertisers, may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow us to track the actions of users of our Services automatically. For example, we may automatically collect information about your location, your internet connection, your browser, when you access the Services, the website address that linked you to our Site, the website that you visit after using our Services, and details of how you used our Services, such as how often you used our Services and which features of the Services you used.
Publicly Posted. If you post information on public areas of the Site (i.e. comments or blog), that information is visible to and may be collected, stored and used by anyone. By posting information, you agree that you have obtained all necessary consents to make such information public and that doing so will not violate any laws. If you remove information that you have made public through our Services, copies may remain viewable in cached and archived pages of our Services or if other users have copied or saved that information. We are not responsible for the actions of any third parties with whom you share Personal Information.
Information You Voluntarily Provide to Us. If you contact us by phone, email, instant message, live chat, social media, or by some other means, we may keep a record of your contact information (including your name, company name, email, address and phone number) and the correspondence. When we send you emails, we may also track whether you open them to determine how to deliver more helpful emails and improve our Services. Personal Information may be obtained from online transactions, transmitted as part of a form submission or in connection with other activities or services made available on the Site. You acknowledge that you provide your Personal Information at your own risk.
User Accounts. We will collect and store the information you provide to us if you create an account, such as your name, company name, company address, phone number, and email address. You do not have to share this information with us, but without it, you may not be able to access certain features or participate in certain aspects of the Services. You can help Freshmes maintain the accuracy of your Personal Information by updating your account. Please update your account when you change your email address, address, phone number, or payment information.
Financial Information. If you purchase our Services, we may request certain Personal Information to facilitate payment, such as your name, email, phone number, physical address, billing address and the last four digits of your credit card or bank account number. We store a limited portion of your credit card information in a manner that is generally permitted by credit card issuers.
Information Collected Through Use of the Services. If you use our Services, we may collect information about how you use and interact with the Services and the data and information that is collected or provided by you through or in connection with your use of the Services.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including Personal Information, to measure usage of the Services, to analyze the effectiveness of our Services, to conduct research, to improve and enhance functionality of the Services, to provide support for the Services and respond to requests and inquiries, to provide you with notices, such as updates or changes that we may make to the Services, and to market and advertise the Services, including through promotional e-mail messages, directly or in partnership with other parties, and by displaying our advertisements on other websites that you visit or use. We may also use this information to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising).
We may from time to time aggregate information in certain data analysis, reports, or other interpretations of trends for both internal and external purposes.
Personal Information will be retained only for as long as it serves a purpose consistent with the expectations of the reasonable user given the context of the collection. Non-Personal Information may be stored indefinitely.
Disclosure of Your Information
We may disclose your Personal Information and Non-Personal Information to service providers or other third parties, such as vendors, technical agents, subcontractors and consultants, to perform certain business-related functions that help make the Services and our offerings available and functional, including, but not limited to, design services, installation services, web site hosting, data analysis and metrics services, maintenance and technical services, customer service and support, email delivery services, infrastructure services and to help us in our marketing efforts, including managing and delivering contextual and tailored advertisements.
We may also use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. In addition, we may disclose your Personal Information and Non-Personal Information to a buyer or other successor as part of a merger, acquisition, change of control or other similar business transfer, to government body or other third party if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, or in specific other cases with your consent.
If you apply for Membership or purchase Products through the Site, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
We may disclose aggregated user statistics and other data with our affiliates, agents and current or prospective business partners. This aggregate information does not personally identify you.
The Services may allow you to post information to various third-party services or platforms, such as social networking services like Instagram, LinkedIn, Twitter and Facebook. You acknowledge that if you choose to use this feature, your friends, followers, and subscribers on these third-party services or platforms will be able to view such activity. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.
Required Disclosures of Information. Freshmes will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Freshmes, our users or others.
Disclosures During a Change of Control. We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses and other User information related to our Services may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
Choices About How We Collect, Use and Disclose Your Information
We strive to provide you with choices regarding our collection, use and disclosure of the information you provide to us. The mechanisms listed below aim to provide you with control over such collection, use and disclosure:
Marketing Communication. If you do not want us to send you marketing or promotional communications, you can opt-out by clicking the “unsubscribe” link in any such promotional emails, checking the relevant box located on the form on which we collect your data or emailing us at email@example.com.
Cookies. You have the option to accept or disable cookies at any time through your browser. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable your cookies, your user experience may be limited.
Google Analytics. You can opt out of tracking by Google Analytics by using Google’s Ads Settings or going to https://tools.google.com/dlpage/gaoptout/. You may also opt out of Google marketing products, but please note that this does not opt you out of being served generic ads.
Mobile Analytics. If you are using our App, we use Mobile Device IDs, instead of cookies, to recognize you. We use the Mobile Device IDs and other mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. These Mobile Device IDs are only tracking and collecting Non-Personal Information. The software may record information such as how often you use the Services, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from.
Third-Party Advertising. If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web advertisements, you may visit the following websites: http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/. These opt-out tools are provided by third parties. We do not control or operate these tools or the choices that advertisers and others provide through these tools. Please note that you may still receive advertisements from third parties within our Services even if you opt out of tailored advertising, but they will not be based on your activity across unrelated web sites.
Do Not Track Signals. Third parties may keep track of your browsing activities across third party websites. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know we respond to “Do Not Track” browser signals. Certain web browsers enable users to activate a “Do Not Track” signal but we do not currently respond to the “Do Not Track” signal or other similar mechanisms.
Notice to California Residents. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to firstname.lastname@example.org.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
To request any other changes or information about our collection, use or disclosure of your information, please email us at email@example.com.
Accessing and Correcting Your Information
If you wish to access, update, correct or delete any Personal Information in our possession that you have previously submitted via the Services, you may log into your account and make updates. If you wish to make changes not available through your account settings, please contact us at firstname.lastname@example.org. We do not guarantee that any Personal Information can be removed completely.
Third Parties; Links to Third Party Sites
Children Under the Age of 13
Our Services are intended for users who are 17 years of age and older. If you are under the age of 13, you are not permitted to submit any Personal Information to us. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
You acknowledge that Freshmes may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Freshmes’s servers on your behalf. You agree that Freshmes has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You further acknowledge that Freshmes reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Storage and Processing in Other Jurisdictions
Personal Information collected through the Services may be stored and processed in the United States or any other country in which Freshmes or its subsidiaries, affiliates, or service providers maintain facilities. If you are located in the European Union or other jurisdictions with laws governing data collection and protection that differ from U.S. law, you acknowledge that we may transfer Personal Information to a country or jurisdiction that has different data protection laws than the data protection laws of the country in which you reside and you expressly consent to the transfer of information, including Personal Information, to the United States or any other country in which Freshmes or its subsidiaries, affiliates or service providers maintain facilities.
We take reasonable steps to protect the Personal Information provided to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us via the Internet. In the event that personal information is compromised as a breach of security, Freshmes will promptly notify our customers in compliance with applicable law.
Freshmes Platform Policy
We provide the Freshmes Platform to support several types of apps and services. First, we provide them to help members of our community share their own content with apps or services. We also support apps and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. Finally, we provide the Freshmes Platform to help broadcasters and publishers discover content, get digital rights to media and share media using web embeds. The Freshmes Platform is not intended for other types of apps or services. For those we do support, the following terms and information also apply:
A. General Terms
- Ensure your app is stable and easily navigable. For example, verify that you have integrated Login correctly. Your app shouldn’t crash or hang during the testing process.
- Don’t confuse, deceive, defraud, mislead, or harass anyone.
- Be transparent about your identity and your app’s identity.
- Don’t use the Freshmes Platform for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Don’t store or cache Freshmes login credentials.
- Follow any instructions we include in our technical documentation.
- Provide meaningful customer support for your app, and make it easy for people to contact you.
- Comply with any requirements or restrictions imposed on usage of Freshmes user photos and videos (“User Content”) by their respective owners. You are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
- Remove within 24 hours any User Content or other information that the owner asks you to remove.
- Obtain a person’s consent before including their User Content in any ad.
- Only store or cache User Content for the period necessary to provide your app’s service.
- If you store or cache User Content, keep it up to date. For example, if a user marks a photo as “private”, you must reflect that change by removing the content as soon as reasonably possible.
- Don’t use the Freshmes Platform to simply display User Content, import or backup content, or manage Freshmes relationships, without our prior permission.
- Don’t participate in any “like”, “share”, “comment” or “follower” exchange programs.
- Don’t use follower information for anything other than analytics without our prior permission. For example, don’t display these relationships in your app.
- Only use the POST and DELETE endpoints after a business has taken an explicit action in your app requesting you to do so.
- Only use the POST and DELETE likes, comments, and relationships endpoints to enable businesses to manage communication with people who have expressed interest in them. Don’t use these endpoints for non-business purposes.
- Only use the INSIGHTS DATA endpoint to inform the account holder of their own analytics information. Do not use it for any other service and do not share it with any third parties.
- Ensure your comments are uniquely tailored for each person. Don’t post unauthorized commercial communications or spam on Freshmes.
- Don’t enable a business to take more than one action on Freshmes at a time.
- Respect the limits we’ve placed on Freshmes functionality and the way Freshmes looks and functions. Don’t offer experiences that change it.
- Don’t attempt to build an ad network on Freshmes.
- Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting Freshmes members on or off Freshmes.
- Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
- Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
- You can administer a promotion on Freshmes if you comply with Freshmes Promotion Guidelines and Policy and all applicable laws and regulations.
- Only incentivize a person to log into your app or enter a promotion. Don’t incentivize other actions.
- You cannot facilitate or promote online gambling, online real money games of skill, or online lotteries, on Freshmes at any given time.
- Don’t use an unreasonable amount of bandwidth, or adversely impact the stability of freshmes.com servers or the behavior of other apps using the Freshmes Platform.
- Don’t reverse engineer the Freshmes APIs or any of Freshmes’s apps.
- Don’t sell, lease, or sublicense the Freshmes Platform or any data derived through the Platform.
- Comply with all applicable laws or regulations. Don’t provide or promote content that violates any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose Freshmes or people who use Freshmes to harm or legal liability.
B. Sharing to Stories
- Stories must not include any logos, watermarks, calls-to-action, other promotional content.
- Additional policies for Stories with Attribution: a. Posts, Stories, Events, and Blogs must not be generic (i.e., only enable people to share unique and personal content). b. If a person clicks on your Post, Story, Events, and Blog, ensure you direct them to an experience that enhances any of the above
- Brand Assets
Comply with Freshmes Brand Guidelines. Don’t use the trademarks of Freshmes and its affiliates without written permission, including as authorized by applicable brand guidelines.
D. Things you should know
- Freshmes primarily communicates with developers through email. Please ensure that the email addresses associated with your Freshmes account are current and that you don’t filter out these messages.
- Freshmes may rate limit or block apps that make a large number of calls to the API that are not primarily in response to direct user actions.
- Enforcement is both automated and manual, and can include disabling your app, restricting you and your app’s access to Freshmes Platform, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
- Freshmes may change, suspend, or discontinue the availability of any Freshmes Platform at any time. In addition, Freshmes may impose limits on certain features and services or restrict your access to parts or all of the Freshmes APIs or the Freshmes website without notice or liability.
- If Freshmes elects to provide you with support or modifications for the Freshmes Platform, this support may be terminated at any time without notice to you.
- Freshmes reserves the right to charge fees for future use of or access to the Freshmes Platform.
- Freshmes doesn’t guarantee that the Freshmes Platform is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid.
- Licensed Uses and Restrictions: The Freshmes Platform is owned by Freshmes, Inc. and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the Freshmes Platform continues until it is terminated by either party. Please note that User Content is owned by users and not by Freshmes. All rights not expressly granted to you are reserved by Freshmes.
- You represent and warrant that you own or have secured all rights necessary to display, distribute and deliver all content in your app or website. To the extent your users are able to share content from your app or website on or through Freshmes, you represent and warrant that you own or have secured all necessary rights for them to do so in accordance with Freshmes’s available functionality.
- You represent and warrant that you satisfy all licensing, reporting, and payout obligations to third parties in connection with your app or website.
- You give us all rights necessary to enable your app to work with Freshmes, including the right to incorporate information you provide to us into other parts of Freshmes, and the right to attribute the source of information using your name and logos.
- You are responsible for restricting access to your content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.
- You grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Platform. This license survives even if you stop using the platform feature. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license. Any API made available by you or on your behalf in connection with the platform features is deemed part of your app.
- Disclaimer of Any Warranty: Freshmes Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and Freshmes expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Freshmes Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability: Freshmes shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Freshmes Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Freshmes has been advised of the possibility of such damages. Under no circumstances shall Freshmes be liable to you for any amount.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Freshmes, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Freshmes Platform and data derived through such Platform. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Freshmes and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Freshmes Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Freshmes shall use good faith efforts to provide you with written notice of such claim, suit or action.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Freshmes Platform Terms, you and Freshmes shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of Freshmes, express or implied, and you must not attempt to bind Freshmes to any contract.
- Invalidity of Specific Terms: If any provision of the Freshmes Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
- No Waiver of Rights by Freshmes: Freshmes’s failure to exercise or enforce any right or provision of the Freshmes Platform Terms shall not constitute a waiver of such right or provision.