United States Privacy Statement (“US Privacy Policy”)

Introduction/Scope: All users of US Applications in the United States.

I. Introduction

Close Comms Ltd (“We” or “Us” or “Our” or “CloseComms”) is the developer of a portfolio of Wi-Fi applications (“the Apps” or, individually, “the App.”). We provide you, the App user, with valuable services, in particular Wi-Fi connectivity (“the Services”). Please read this US Privacy Policy, as well as our respective App Terms of Use, carefully and in their entirety before using this App. By agreeing to this US Privacy Policy, you confirm you are over 13 years old.

Our sponsors and our business partners may have co-branded this application (“Business Partners”). Each of them will have their own privacy policies, but CloseComms is independent. Please review the terms and conditions as well as privacy policies of our Business Partners closely before you proceed. If there are any conflicts between this US Privacy Policy and the privacy policy of any of our business partners, the terms of this US Privacy Policy will prevail for CloseComms.

This US Privacy Policy describes the information CloseComms collects from you when you download an App in our portfolio in the United States to your phone or other Internet-connected device and when you use the US Services available through the App, and describes what may happen to that information.

This policy only applies to the App for any operating system platform or device on which it is installed. If you leave the App via a link or otherwise and go to a third-party website, you will be subject to the privacy policy of that website, and we do not accept any responsibility or liability for those policies.

This US Privacy Policy is incorporated into, and part of, the App Terms of Use.

II. Information We Collect, How We Collect It, and How Long We Collect It

A. Information collected through our US App

When you download and use our US App, you will be asked to give permission for Location – based Services. We automatically collect certain information connected to your Wi-Fi enabled device:

Information we collect when you join the Wi-Fi:

  •   Device MAC address
  •   Device model
  •   Device Brand
  •   Operating System
  •   Locale
  •   Time Zone
  •   Unique User App ID
  •   IP address
  •   Wi-Fi Signal strength to access point
  •   Signal strength to Bluetooth beacon
  •   Latitude & Longitude
  •   Whether Location, Bluetooth, and Notifications have been enabled on the device
  •   Phone number (if not using Android or iOS apps)
  •   Email address (if not using Android or iOS apps)
  •   MAC address of access point you first connected to

If your phone or other Internet-connected device is equipped with Global Positioning System (GPS), we may obtain, access, or use such GPS information for the provision of our Services. We collect your geolocation data from your device only after you explicitly give your permission for us to do this through the prompts appearing in the App.

If connecting via the Android or iOS app, we do not need your telephone number and email address. Therefore we do not collect your phone number or email address, unless you optionally, and explicitly, provide it when if leave store feedback. If, however, you are connecting with an alternative device (e.g. laptop) then we do ask you for these details.

Information we collect about your Location:

  •   Your location while using the App (optional) – if you give your consent, we obtain your location only while you’re using the App so that we can show you in the App the participating Subway restaurants nearest to your location, but you will not get any offers or discounts until you allow ‘Always’ permission.
  •   Your location even when you’re not using the App (optional) – if you give your consent, we use a low-power mechanism to occasionally obtain your location when the App is in the background which does not strongly drain the battery of your device. We use this to send you offers and discounts based on your location, such as when you visit our stores and other locations of interest.

B. Information you provide directly through our App

CloseComms may make interactive features such as games available through the App, which may include public leaderboards. To be added to such leaderboard with your game score, you may choose to go public and provide us with information such as a pseudonym, and online identifier, or your name. Your public information includes said pseudonym or name and metadata provided with it. CloseComms may disseminate this information, meaning it will be visible to other users. When you share information or content like your pseudonym or name, you should think carefully about what you are making public.

Information you may choose to provide directly through the app:

  •   Feedback
  •   Store rating
  •   Phone number
  •   Email address

C. Information collected through our website

CloseComms’ website can be found at https://closecomms.com (“Website”). If you come to our Website, we use Google Analytics to aid us in providing you with information and in continuing to improve upon the provision and maintenance of such Services.

We or third party or other service providers may use cookies, web beacons, or similar technologies on your computer. You may block or delete cookies and controls to opt out of such data collection through your web browser settings. However, adjusting your browser settings and choices regarding such technologies may impact your experience with our Website and Services available through it, if any.

You may also use our contact information on the Website to contact us through a medium on your side (telephone, email, or postal service) and provide us with any information you wish to share through the medium of your choosing.

D. Information collected from social media platforms

You can, optionally, enjoy additional benefits in the App by optionally signing-in via social media platform integrations. If you choose to do so, we collect the following additional information according to the social media platform you choose to sign-in with:

  •   First name
  •   Last name
  •   Social display name
  •   Email address
  •   Gender
  •   Approximate age
  •   Photo URL
  •   Provider of Social Media
  •   Game high score

You can withdraw your consent for sharing this information at any time by signing-out of the App. We never post to or comment in your social media account .

E. Data Retention and Data Location

We will retain your information for as long as necessary to provide you with Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may also retain and use your information to make promotional offers to you as described, unless you have opted out of receiving such communications.

Data is stored on servers in accordance with local regulations. All personally identifiable information is deleted from our servers after 13 months. The data that we collect from you may be transferred to, and stored at, a destination outside the USA. It may also be processed by staff operating outside the USA who work for us or for one of our suppliers.

III. What We Do Not Collect

A. Personal Information of Children Under 13

Our US Application and Services, as well as our Website, are not designed to attract individuals under the age of 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not collect or store any personal information, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe that CloseComms has any information from or about anyone under the age of 13, please contact us at the contact points specified below.

B. Web Beacon or Wi-Fi Beacon Information

We do not locate our end users using beacons. Beacons are small devices that enable technology providers to pinpoint devices within a narrow range, periodically transmitting small amounts of data within a short distance and are often used for indoor location technology.

IV. How We Use The Information We Collect

We will use your information

  •   To serve you advertising
  •   To facilitate the use of our Wi-Fi network
  •   To communicate with you via push notifications if you have permitted them
  •   To enable you to participate in loyalty programs, offers, and other location based services (e.g. to play games or music, through our business partners’ venues).
  •   To provide technical support and to respond to your enquiries
  •   To communicate about new features of the Service
  •   To prevent fraud or illegal activities
  •   To comply with any legal obligations
  •   To improve the Service and your experience
  •   To provide embedded social media services
  •   To determine demographics without sharing details thereof

If you would like to opt out, please see below.

V. How and To What Extent We Disclose Information to Third Parties

A. Business Partners

Your information is aggregated and shared with our Business Partners. We do not provide any personally identifiable information to any other third parties for any reason, except as outlined below in B.

We do so to provide insights about customer behaviors based on the collection of GPS and Wi-Fi location. Your information is analyzed and processed to create anonymous aggregate reports before sharing. For example, reports are created to detail how many people visited a store, and the gender percentage, if such information is available. This information is used to improve the experience of the Services.

We share the following non-aggregated data with our business partners:

  •   Device MAC address
  •   Device model
  •   Device Brand
  •   Operating System
  •   Locale
  •   Time Zone
  •   Unique User App ID
  •   IP address
  •   Wi-Fi Signal strength to access point
  •   Signal strength to Bluetooth beacon
  •   Latitude & Longitude
  •   Whether Location, Bluetooth, and Notifications have been enabled on the device
  •   Customer feedback and store rating
  •   Phone number
  •   Email address
  •   First name
  •   Last name
  •   Social display name
  •   Gender
  •   Approximate age
  •   Photo URL
  •   Provider of Social Media
  •   Game high score

B. Vendors

Except as described in this US Privacy Policy, we will not share your personal information unless it is necessary to provide you with a Service, fulfill a transaction you have requested, or in other circumstances with your consent. We will disclose your information to trusted third parties acting on our behalf or under our instructions, including for purposes relating to the provision, operation, maintenance, administration, promotion, improvement, and oversight of our US App, Services, or to fulfill your requests for information or Services.

We share Information collected through our US App (Section A), Information you provide directly through our App (Section B), and Information collected from social media platforms (Section D) with our hosting vendor/s and our infrastructure support vendor/s. At present they are:

C. Legal Compliance Obligations

We may disclose your personal information, including location and GPS data, in response to legal process (for example, a court order, search warrant, or subpoena) or requests from law enforcement authorities; in other circumstances in which we believe the sites, our Services or Website are being or has been used in violation of our App Terms of Use, applicable law or otherwise in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; when necessary to protect the rights or property of CloseComms or third parties; or to prevent fraud.

D. Purchase or Sale

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

VI. Your Choices

A. Opt-Out

With regard to geolocation, you may at any time opt out from further allowing CloseComms to access location data by adjusting your permissions in your mobile device. With regard to push notifications, you may at any time opt out from further allowing Candy Lab to send you push notifications by adjusting your permissions in your mobile device.

B. Discontinuance and Deinstallation

You may stop using the Service at any time by discontinuing the App and uninstalling it.

VII. Notice to California Residents – Your California Privacy Rights

A. CA “Shine the Light” Disclosure

Under the California “Shine the Light Act,” if you reside in California and have an established relationship with us agreeing to our Terms of Use and our Privacy Policy, you have the right to receive information about online and offline opt-out/opt-in policies of CloseComms sharing your personal information with affiliated entities or non-affiliated third parties, such as our Business Partners for direct marketing purposes. If you wish to learn about our opt-out/opt-in policies, please send your written request following the instructions below. We will not accept requests via the telephone or facsimile.

  •   We may not be able to respond to requests that are not labeled or sent properly, or do not have complete information.
  •   For all requests, include your full name, street address, city, state and zip code
  •   In your email request, you must state “Re: Your California Privacy Rights” in the subject line and send your email to privacy@closecomms.com.
  •   In your postal request, you must send a letter to: Close Comms Ltd, Venture Wales Beechwood House, Beechwood Park, Christchurch Road, Newport, South Wales NP19 8AJ, UK

B. CA “Do Not Track” Disclosure

Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time. There are in some cases ways to opt out of internet based advertising: advertising tailored to you, your behavior and your location. In addition to browser controls, many mobile devices have a separate setting to limit ad tracking.

VIII. Protecting Your Personal Information

We maintain safeguards designed to protect the information that we collect about you against accidental or unauthorized access or disclosure. However, protecting your information is a shared responsibility. We protect your personal information according to industry standard. We cannot control how third parties choose to use your personal information. You can protect your information by notifying us immediately of any suspicious activity.

IX. How to Change Your Information

You may contact Customer Service to pursuant to section X right below.

X. How to Contact Us

If you have any questions regarding this Policy, or are required to contact by the terms of this Policy, or if there are any privacy-related errors you wish to correct, please contact us by any of the following methods:

  •   By the information on our CloseComms representatives as listed on our Website Contact page: https://closecomms.com/contact/ (please note “Privacy” in your subject line if choosing written communication)
  •   By email to: privacy@closecomms.com
  •   By writing us to: Close Comms Ltd, Venture Wales, Beechwood House, Beechwood Park, Christchurch Road, Newport, South Wales NP19 8AJ, UK

XI. Amendments and Changes to This US Privacy Policy

You agree that we may amend, supplement or replace this US Privacy Policy or any part of it (including the App Terms of Use) at any time. Should this US Privacy Policy be updated, you will be prompted to accept these changes the next time you launch the app. Your continued use of the Services constitutes acceptance of any and all changes to this US Privacy Policy.

This US Privacy Policy was last revised on December 6th, 2017.