Last updated: 18 June 2017
PlacerApp App USA, LLC (“PlacerApp”) collects information about you when you use PlacerApp’s mobile application, website or other online services (collectively, the “Services”) and as a result of any other interactions or communications you have with us. This Privacy Statement applies to information collected and used by PlacerApp. This Privacy Statement (“Statement“) applies to any person who uses our Services (“Users”). In this Statement, a person who waits in a line is referred to as a “Placer” and a person who books or pays for a PlacerApp to wait in line for them is referred to as a “Jumper”.
Information you provide to us
We collect information you provide directly to us, such as when you create or modify your account, request or use the Services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, and other information you choose to provide.
Information we collect through your use of our Services
When you use our Services, we collect information about you in the following general categories:
- Location Information: When you use the Services either as a Placer or as a Jumper, we collect precise location data about you. If you permit the PlacerApp app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
- Contacts Information: If you permit the PlacerApp app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
- Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
- Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
- Call and SMS Data: Our Services facilitate communications between Placers and Jumpers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
- Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
Important information about platform permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the PlacerApp app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the PlacerApp app seeks before you first use the app, and your use of the app constitutes your consent. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
Information we collect from other sources
We may also receive information from other sources and combine that with information we collect through our Services. For example,
- If you choose to link, create, or log in to your PlacerApp account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
- Jumpers may provide us with a Placer ‘rating’ after a Placer provides a service.
Use of Information
We may use the information we collect about you to:
- Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Placers and Jumpers, develop safety features, authenticate users, and send product updates and administrative messages.
- Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.
- Send or facilitate communications between Placers and Jumpers.
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of PlacerApp and other companies.
- Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
- With Placers to enable them to provide the Services you request.
- With Jumpers to enable you to provide the services the Jumper has requested. For example, we share your name, photo (if you provide one), and average user rating given to you by past Jumpers.
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us.
- With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public.
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.
- With PlacerApp subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes.
- With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf.
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of PlacerApp or others.
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
- If we otherwise notify you and you consent to the sharing.
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social sharing features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and advertising services provided by others
You may correct your account information at any time by logging into your online or in-app account. If you wish to delete your account, please log into your PlacerApp account at PlacerApp.com or in the app, and the follow the directions in this link or “Delete my PlacerApp Account” under the “Settings” option. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
PlacerApp will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. PlacerApp does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
Cookies and Advertising
Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.
Changes to the Statement
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes.
Last updated: 18 June 2017
1.2 Placer App Pty Ltd ACN 615 384 855 a proprietary limited company duly incorporated in accordance with Australian law.
2.1 This Agreement:
(a) governs your downloading, installing, accessing and use of:
(i) any PLACER website including any forms on the Website (“Website”); and
(ii) the PLACER mobile application (“App”) ;
(iii) the software used to provide the App and the Website; and
(iv) any services provided by or to you through the App and the Website,
(collectively, “PLACER System”);
(b) comprises a binding contractual agreement between you and us; and
(c) commences on the earlier of the date you:
(iii) access; or
any part of the PLACER System.
2.2 This Agreement is important and you should ensure that you read it carefully and contact us with any questions before you use or continue to use the PLACER System.
2.3 By downloading, installing or continuing to use the PLACER System, you acknowledge and agree that you:
(a) have had sufficient chance to read and understand this Agreement; and
(b) are bound by this Agreement (as amended from time to time) without alteration.
2.4 We may amend this Agreement at any time without notice or justification to you by and which become effective upon:
(a) posting the amended Agreement on the Website; or
(b) up-dating the App to incorporate the new Agreement.
2.5 You are responsible for regularly reviewing information posted on the Website which will provide you with timely notice of amendments to this Agreement.
2.6 The terms and conditions of this Agreement are in addition to any other terms and conditions applicable to you with respect to your use of the PLACER System.
2.7 The PLACER System is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including Apple, Google or Android.
We hereby grants you a non-exclusive, non-transferable, right to use the PLACER System:
(a) for your personal use;
(b) on a mobile device that you own or control; and
(c) otherwise on the terms and conditions of this Agreement.
4.1 You must:
(a) at all times whilst using the PLACER System or taking any actions as a result of using the PLACER System:
(i) act with all due decorum and civility;
(ii) act honestly; and
(iii) act in good faith,
including in all online and real world interactions with other Users and us;
(b) faithfully, professionally and promptly perform and complete your obligations as:
(i) a Jumper; or
(ii) a Placer,
(as the case may be) obligations under the PLACER System;
(c) comply with any policies implemented or directions given by us in or with respect to the PLACER System;
(d) Not demand or accept any money from another User other than the amount due under the PLACER System.
4.2 You must not:
(a) Modify or authorise, permit or allow any person to Modify the PLACER System;
(c) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the PLACER System;
(d) use any part of the PLACER System for commercial purposes;
(e) access the PLACER System without authority;
(f) interfere with, damage or disrupt:
(i) the PLACER System; or
(ii) any equipment or network on which the PLACER System is stored;
(g) create internet “links” to the PLACER System or “frame” or “mirror” any PLACER System software on any other server or wireless or internet-based device;
(h) build a competitive product or service to the PLACER System;
(i) build a product using similar ideas, features, functions or graphics of the PLACER System;
(j) copy any ideas, text, features, functions or graphics of the PLACER System;
(k) use the PLACER System to send spam or otherwise duplicative or unsolicited messages;
(l) launch an automated program or script, including, but not limited to, Harmful Code, web spiders, web crawlers, web robots, web ants, web indexers, bots or any program which may make multiple server requests per second or unduly burdens or hinders the operation and/or performance of the PLACER System; or
(m) use the PLACER System in a way or for a purpose that:
(i) constitutes a breach of the Law;
(ii) is fraudulent, criminal or unlawful;
(iii) is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, annoying, political or violates a third party’s privacy;
(iv) constitutes impersonation of any third party or misrepresents a relationship with any third party;
(v) is contrary to any direction given by the us with respect to the PLACER System;
(vi) involves your use, delivery or transmission of Harmful Code; or
(vii) may harm the PLACER System in any way.
5 USER ACCOUNTS AND INFORMATION
5.1 You warrant and continue to warrant that:
(a) all information provided by the User to the PLACER System including as to date of birth, identification and place of residence is true and correct;
(b) your use of the PLACER System does not constitute a breach of the Law;
(c) your use of the PLACER System will be in compliance with this Agreement;
(d) you have full legal right, authority and capacity to enter into this agreement; and
(e) you are 18 years of age or older.
5.2 You must promptly provide us with all reasonable:
(a) further information; and
(b) proof of information;
5.3 You must:
(a) not authorise, permit or allow any third party to use your PLACER System account;
(b) take all reasonable steps to keep your user identification code, password or any other piece of information provided to you as part of the PLACER System; and
(c) must treat such information provided by the PLACER System as confidential, and you must not disclose it to any third party.
6 USAGE CHARGES
6.1 The PLACER System does not include the provision of a mobile device or other necessary equipment to access it.
6.2 To use the PLACER System you must have internet connectivity and appropriate telecommunications hardware and utilities.
6.3 We do not have any obligation or liability with respect to any telephone, data or other utility costs you may incur due to your use of the PLACER System.
7 INTERRUPTION AND SUSPENSION
7.1 We may suspend (temporarily or permanently) your or all Users in our discretion at any time and without notice:
(a) if you have breached any of the provision of this Agreement;
(b) to maintain and upgrade the PLACER System; or
(c) if continuation of use the PLACER System:
(i) would constitute a breach of the Law; or
(ii) is practically impossible due to Force Majeure.
7.2 We may discontinue the PLACER System in our discretion at any time and without notice.
7.3 We may impose restrictions on the length and manner of your usage of any part of the PLACER System in our discretion at any time and without notice.
7.4 We may amend or update the PLACER System without notice to you.
7.5 We are not obliged to remedy any Defect in the PLACER System.
8 INTELLECTUAL PROPERTY
8.1 All right, title and interest including all IP Rights in or on the PLACER System vests at all times with us.
8.2 You acknowledges and agree that the PLACER System:
(a) is proprietary to us;
(b) comprises works of original authorship, including compiled information containing our selection, arrangement, coordination and expression of such information or pre-existing material it has gathered or assembled, confidential and trade secret information;
(c) such information that has been created, developed and maintained by us at considerable expense of time and money such that misappropriation or unauthorised use by the you or others for commercial gain would unfairly (and may irreparably) harm us.
8.3 Nothing in this Agreement affects ownership of any third party software incorporated in or used by the PLACER System.
8.4 You hereby grant to us a perpetual, irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the PLACER System for the purpose of use:
(a) on the PLACER System; or
(b) for marketing the PLACER System by any means.
8.5 You agree to waive your moral rights with respect to any use of material under clause 8.4.
9 LINKED PARTIES AND ADVERTISING
9.1 You acknowledge and agree that the PLACER System may contain or the Owner may provide to you:
(a) links to sites on the world wide web owned and operated by third parties and which are not under our control (“Linked Sites”);
(b) information with respect to third party businesses; and
(c) third party advertising and marketing,
(individually and collectively, “Linked Parties”)
9.2 In relation to Linked Parties:
(a) we provide the links and information to Linked Parties as a convenience to you;
(b) the existence of a link to Linked Party does not imply any endorsement by us of:
(i) such Linked Party; or
(ii) products being offered by the Linked Party (“Linked Products”);
(c) we are not responsible for the material contained on Linked Sites; and
(d) we give no warranty, guarantee or representation with respect to the accuracy, reliability or timeliness of the information contained on Linked Sites.
9.3 You should seek your own independent financial and legal advice before deciding to acquire any products from a Linked Party.
9.4 We reserve the right to charge you a higher fee (as notified from time to time) for a version of the PLACER System that does not contain or refer to Linked Parties, Linked Sites and/or Linked Products.
10.1 You agree and acknowledge that:
(a) use of PLACER System, Linked Sites and Linked Products is at your own risk;
(b) the PLACER System is provided “as is” and “as-available” with all Defects;
(c) no oral or written information or advice given by us creates any other warranties or in any way increases the scope of our obligations under this Agreement;
(d) by accessing or using the PLACER System you accept sole responsibility and risk associated with the use of the PLACER System including any information or products contained in the PLACER System;
(e) you should make your own enquiries and obtain your own advice (including financial advice) before entering into any transaction on the basis of or in reliance upon the PLACER System; and
(f) cash payments are forbidden for the safety of both the user and the Placer, all payments must be made through the Stripe payment system via the PLACER app.
10.2 To the full extent permitted by law, with respect to the PLACER System:
(a) We disclaim any and all warranties (express or implied) and are not liable with respect to any issue relating to:
(i) completeness, accuracy, reliability, timeliness or otherwise of any information;
(ii) merchantability or fitness for any particular purpose;
(iii) usefulness and functionality;
(iv) quiet enjoyment;
(v) compatibility with hardware or software;
(vi) being Defect-free;
(vii) unauthorised third party access to and damaging of your data, software, websites, computers or networks;
(viii) the lawfulness of the PLACER System or the services provided under or with respect to the PLACER System;
(ix) you acting, or failing to act, on any information contained on or referred to in the PLACER System or Linked Sites; and
(x) Linked Sites, Linked Parties and Linked Products.
(b) Our liability with respect to any warranty or claim under the Law is limited to:
(i) providing the service provided by the PLACER System again; or
in our discretion.
(c) We are not be liable under any circumstances with respect to any clam loss or damage caused or contributed by:
(i) delays, interruptions of or cessation of the PLACER System;
(ii) suspension or termination of your use of the PLACER System;
(iii) any Defect in the PLACER System;
(iv) you acting, or failing to act, on any information contained on or referred to in the PLACER System and/or any Linked Site;
(v) you using or acquiring, or your inability to use or acquire:
a. any product or service contained or referred to in the PLACER System; or
b. any Linked Product;
(vi) any error in any information given to us by You;
(vii) you acting unlawfully, wilfully or negligently; and
(d) We are not being liable under any circumstances with respect to any clam loss or damage In the nature of Consequential Loss.
10.3 Clauses 10.1 and 10.2 are deemed to also apply to our employees, officers, agents and contractors as if they were us.
11.1 You irrevocably indemnify and hold harmless us against all Claims arising from:
(a) a breach by you of this Agreement (including any warranties);
(b) your use of the PLACER System; and
(c) your conduct while performing or accepting a service under the PLACER System.
including third party claims.
12.1 You acknowledge and agree that:
(a) you have read and understood, and
(b) agree to comply with
13 AMENDMENT AND TERMINATION
13.1 We may terminate your or any access to the PLACER System at any time without giving any explanation or justification for such termination.
13.2 We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the PLACER System.
13.3 We reserves the right to change this Agreement:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
14 ASSIGNMENTS AND TRANSFERS
14.1 A party’s rights, remedies, powers, duties or obligations under this Agreement party are not transferrable except with our prior written consent.
14.2 A party must not purport to transfer any rights, remedies, powers, duties or Obligations under this Agreement without the prior written consent of each of the other parties.
14.3 We may transfer all or any part of our rights, remedies, powers, duties or Obligations under this Agreement to any person, without your consent.
15.1 If any provision of this Agreement is invalid, unlawful, void or unenforceable it will be taken to have been severed without affecting any other of the provisions of this Agreement.
Duration of provisions
15.2 The covenants, rights, entitlements, duties, warranties, conditions, provisions, undertakings, and obligations contained in this Agreement do not merge upon termination of your relationship with us or cessation of use of the PLACER System.
15.3 This Agreement is governed by the laws of the State of Victoria, Australia except to the extent to which they are overridden by Commonwealth laws.
15.4 The parties submit to the jurisdiction of the courts of the State of Victoria, Australia.
Relationship of the parties
15.5 Nothing in this Agreement must be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties.
15.6 Neither party has any authority to contract for or bind the other in any manner whatsoever.
15.7 This Agreement:
(a) constitutes the entire agreement between the parties;
(b) contains everything the parties have agreed in relation to the subject matter it deals with; and
(c) supersedes and excludes all prior representations, discussions, communications, understandings and agreements in any form (if any) between the parties.
16 DEFINED TERMS AND INTERPRETATION
16.1 In this document including the background, and any appendices and/or schedules, except where the context otherwise requires:
(a) another grammatical form of a defined word or expression has a corresponding meaning;
(b) the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;
(c) the singular includes the plural and vice versa, and a gender includes other genders;
(d) a reference to a party is to a party to this document, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
(e) a reference to any thing includes any part of that thing and a reference to a group of things or persons includes each thing or person in that group;
(f) “we”, “us” and “our” are all references to PLACER APP PTY LTD ACN 615 384 855;
(g) “Claim” means any claim, demand, proceeding or cause of action of any nature:
(i) whether in statute, contract, tort, warranty, strict liability or any other legal theory or basis; and
(ii) whether for money or otherwise,
arising out of or in connection with a particular subject matter.
(h) “Consequential Loss” means direct or indirect loss of profit; revenue; expenses; income; business opportunity; goodwill production; indirect, incidental, exemplary, special or punitive damages; third party claims or any other any indirect or consequential loss or liability in connection with or arising out of this Agreement including those which would fall within the second limb of losses referred to in Hadley v Baxendale (1854).
(i) “Defect” means any error, bug, vulnerability, fault, deficiency or Harmful Code in the PLACER System.
(j) “Force Majeure” means any event beyond the reasonable control of the non-performing party including:
(i) external telecommunications failures;
(ii) fire, flood, earthquake or act of God and any other natural disaster;
(iii) riot, act of terrorism, war, civil disorder, rebellion or revolution;
(iv) strikes, lockouts and labour disputes (but excluding a facility specific strike of any other type of industrial action by the Personnel of a party claiming force majeure);
(v) epidemics, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority; and
(vi) server down time, server delayed response time, network issues, or any other issues caused by interruption or intermittent issues of any hosting service provider.
(k) “Harmful Code” means any computer program, virus, unsolicited email, bomb, trojan horse, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other malware or other code (including source and object code) that is harmful, destructive, disabling or which assists in or enables theft, unauthorized access to or alteration of data or the PLACER System or which may impair, deny or otherwise adversely affect the use of the PLACER System.
(l) “IP Rights” means present and future intellectual property rights of any nature whatsoever conferred by statute, common law or equity including copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
(m) “Law” means any and all:
(i) applicable laws from time to time including common law, legislation and subordinate legislation and ordinances, codes, regulations and by-laws of relevant government, semi-government or local authorities and other instruments under any of them; and
(ii) permits, authorisations, consents, judgments, orders or decrees of any governmental agency or judicial or quasi-judicial body.
(n) “Modify” means reproduce, duplicate, copy, “frame”, alter, modify, decompile, reverse engineer, disassemble, re-transmit, make derivative works from or otherwise reduce the object code of the Product to a human perceivable form.
(o) “Placer” is a person who waits in a line at the request of a Jumper or in anticipation of a Jumper paying to take their place in a line through the use of the PLACER System.
(p) “Jumper” is a person who books or pays for a Placer to wait in a line for them through the use of the PLACER System.
(q) “User” means either a Placer or Jumper or both, depending on the context, who use or have used the PLACER System.