TERMS OF SERVICE
Introduction- Your Agreement to These Terms of Service:
THESE TERMS OF SERVICE CONSTITUTE A BINDING CONTRACT, PLEASE READ THEM COMPLETELY AND CAREFULLY.
Welcome to the dailymatter mobile application and streaming website (collectively “dailymatter”). These Terms of Service (“Terms of Service”), as may be subsequently amended, outline your approved use of dailymatter and any applications, products, services or other derivatives of dailymatter, (collectively “dailymatter Services”). By accepting these Terms of Service, you confirm that you are at least 17 years of age. Neither dailymatter nor any parts of the dailymatter Services are intended for anyone under this age. By accepting these Terms of Service you also confirm that you are either 18 years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service and to abide by and comply with the Terms of Service. By using dailymatter Services, you acknowledge and agree that you are subject to these Terms of Service, including our Privacy Policy, which is incorporated by and made a part of these Terms of Service. If you do not accept these Terms of Service, you cannot access dailymatter or use the dailymatter Services.
dailymatterapp.com the dailymatter APP and its affiliates. (also referred to as affiliates ( “dailymatter,” “Company,” “we,” “us,” or “our”) is committed to safeguarding the personal information it collects when you use our website at https://www.dailymatterapp.com (the “Site”), mobile applications that hyperlink to this Policy (the “Apps”) and together, the “Services”. This Privacy Policy describes our personal data handling practices in relation to the Services. If you have any questions about this Policy, please contact us at support@dailymatterapp.com. If there is any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail.
1. Privacy Policy dailymatter values your privacy, Please review our Privacy Policy for information relating to how dailymatter collects, use, and disclose your personal information.
2. Description of dailymatter Services dailymatter is a suite of tools to help productivity. Subject to these Terms of Service and any other applicable agreements between you and dailymatter. The dailymatter Services offers other functions that may be described in these Terms of Service and in notices and publications from dailymatter. dailymatter reserves the right, in its sole discretion, to change, modify, add, or delete features and functions of the dailymatter Services at any time.
3. Account and Registration In order to access certain features of the service. To create an Account, you will be asked to provide certain information including an Account name, password, and mobile phone number. You may create an account using your existing Facebook®, Twitter®, or micro letter account. You are solely responsible for maintaining the confidentiality and security of your Account password and for ensuring that the information that you provide to dailymatter is true, accurate, and complete, in signing up for an Account. You are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to share your Account password or attempt to transfer your Account to anyone else. dailymatter reserves all available legal rights and remedies to prevent the unauthorized use of the dailymatter Services, including, but not limited to, technological barriers, IP mapping, and contacting your ISP. In addition, dailymatter may log your IP when you make transactions to confirm your identity; any action taken on your account will be presumed to have been authorized by you.
3.1 Third Party Accounts dailymatter may permit you to register for and log on to the dailymatter Services via certain third party services, such as those described in Section 3 above. If you log on to dailymatter Services via such third party services (such as a social network), the profile information connected to the account you use to log into the dailymatter Services, including your name, may be used by dailymatter to provide and support your account. You also acknowledge and agree that dailymatter may publish information regarding your use of the dailymatter Services to and in connection with any such third party services with which you use in connection with the dailymatter Services.
4. Devices and Internet Connections Access to the dailymatter Services may require the use of your personal computer or mobile device, as well as communication with or use of space on such device. You are solely responsible for an internet and/or mobile connection and all associated fees that you incur when accessing the dailymatter Services.
5. Any registered user of dailymatter is subject to the terms and conditions contained in the Users Agreement, which is incorporated by and made a part of these Terms of Service.
6. Refund Policy The purchase of Virtual Items is complete only when you receive confirmation through the Service that You have redeemed iTunes or Google Play Store Wallet credits. Any in-app virtual currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to use the Virtual Items within the Service. Refunds are only available on whole and unused purchases that can be verified with wallet receipt from either Apple or Google, at the discretion of dailymatter. You will not be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated.
7. Interaction with dailymatter Services, you grant dailymatter and its agents and designees a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the dailymatter Services and with the businesses of dailymatter and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
All other trademarks referenced in the dailymatter Services are the property of their respective owners. Reference in the dailymatter Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
12. Prohibited Conduct By using dailymatter and the dailymatter Services you agree not to violate any law, contract, intellectual property rights or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using dailymatter or the dailymatter Services. You agree that you will comply with these Terms of Service and will not: Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable; Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the dailymatter Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the dailymatter Services , or perform any other similar fraudulent activity; Make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the dailymatter Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; Harvest or collect the email addresses or other contact information of other users from the dailymatter Services; Defame, harass, abuse, threaten or defraud users of the dailymatter Services , or collect, or attempt to collect, personal information about users or third parties without their consent; Remove, circumvent, disable, damage or otherwise interfere with security-related features of the dailymatter Services or content; Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the dailymatter or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence; Modify, adapt, translate or create derivative works based upon the dailymatter Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; Interfere with or damage operation of the dailymatter Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; Access any website, server, software application, or other computer resource owned, used and/or licensed by dailymatter, including but not limited to the dailymatter Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures dailymatter may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed dailymatter, including but not limited to the dailymatter Services; Interfere with or disrupt the dailymatter Services or servers or networks connected to the dailymatter Services, or disobey any requirements, procedures, policies or regulations of networks connected to the dailymatter Services; Use the dailymatter Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the dailymatter Services, or that could damage, disable, overburden or impair the functioning of the dailymatter Services in any manner; Attempt to indicate in any manner that you have a relationship with dailymatter or that dailymatter has endorsed you or any products or services for any purpose; and Use the dailymatter Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
13. Disclaimer dailymatter, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE dailymatter SERVICES AND ANY CONTENT AVAILABLE ON THE dailymatter SERVICES , INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE dailymatter SERVICES OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE dailymatter SERVICES AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE dailymatter SERVICES. THE COMPANY PARTIES DO NOT WARRANT THAT THE dailymatter SERVICES WILL OPERATE ERROR FREE, OR THAT THE dailymatter SERVICES AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE dailymatter SERVICES OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE dailymatter SERVICES AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE dailymatter SERVICES AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE dailymatter SERVICES GIVING RISE TO THE CLAIM. The foregoing terms of this Section 13 apply to the fullest extent permitted by law.
14. Indemnification To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the dailymatter and the Company Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use (or misuse) of and access to the dailymatter Services ; (b) your violation of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the dailymatter Services.
15. Termination Term. As between you and dailymatter, the Term of these Terms of Service, as they may be amended, commences as of your first use of the dailymatter Services and continues until the termination of these Terms of Service by either you or the dailymatter. Termination. dailymatter reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the dailymatter Services at any time without prior notice or liability if you breach any provision of these Terms of Service or violate the rights of any third party copyright owner. dailymatter may further terminate these Terms of Service for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. dailymatter reserves the right to change, suspend, or discontinue all or any part of the dailymatter Services at any time without prior notice or liability.
16. Alternative Dispute Resolution You agree that any dispute(s) arising under these Terms of Service will be submitted promptly for binding and confidential resolution by an arbitrator/mediator and shall be heard in Cook County, Illinois or such other mutually agreeable location and country where the accused could conveniently appear in person and defend. The party seeking enforcement will be entitled to an award of all costs, fees, and expenses, including attorney’s fees, incurred in enforcing the award to be paid by the party against whom enforcement is ordered. The Arbitrator will issue a reasoned decision based on the merits of the case. The applicable laws for any arbitration or alternative dispute resolution proceeding will be the laws of the State of Illinois.
17. Amendments dailymatter reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Service at any time. When using the dailymatter Services, you may be subject to additional applicable guidelines or rules that may be posted from time to time. All of these guidelines and rules are deemed incorporated into the Terms of Service. While dailymatter may attempt to notify you when major changes are made to the Terms of Service, it is your responsibility to review the Terms of Service periodically to check for changes. When dailymatter makes changes, it will give the date of the most recent update in this space so you can be kept abreast by visiting this page.
18. Disclaimers and Limitations of Liability Company makes no representations about the accuracy of information on the Platform or reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content will be preserved. Company does not endorse, verify, evaluate or guarantee any information or the accuracy of any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company. Because any operation is subject to force majeure or any other unforseen issues, we reserve the right to remove, reset, transfer or restore any virtual items or user accounts when deemed necessary. This applies to system or network outages, accidental or malicious activity, as well as any non standard operating situation occurs. Your use of the platform is at your sole risk. This platform (including, without limitation, all information contained hereon and all virtual goods, game currency, and services) is provided on an “as is, as available” basis. To the fullest extent permitted by applicable law, no warranties, express or implied, including but not limited to those of merchantability, non-infringement, or fitness for a particular purpose, are made with respect to this platform, virtual goods, game currency, or any information or software therein. Without derogating from the foregoing, neither company nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (“company parties”) warrant that the platform will be uninterrupted, timely, secure, or error-free. You acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including but not limited to actions for breach of contract, tort (including negligence), product liability, or breach of warranty, or otherwise, shall company parties be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including but not limited to damages for loss of profits, use, business, goodwill or data, cost of procuring substitute goods, services or information, litigation or the like) that result from the use of or inability to use this platform, or loss of virtual goods or game currency, nor shall company be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond company’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this platform’s records, programs, or services, even if you are advised of the possibility of such damages. Under no circumstances, including but not limited to a negligent act, will company parties or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the platform, virtual goods, or game currency, even if company has been advised of the possibility of such damages. Notwithstanding the foregoing, our liability to you and your ability to recover damages from the company parties shall be limited to fees you paid to purchase virtual goods or game currency, if any, and no other form of or greater damage shall be permitted. Some jurisdictions do not allow the limitation or exclusion of liability as set forth in this section; as a result, and solely to that extent, some or all of the above limitation(s) or exclusion(s) may not apply to you.
19. You Agree to Idemnify Company You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, losses, damages, liabilities, and expenses, including legal fees and costs, related to your use or misuse of the Platform, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Platform (including, without limitation, Ideas), your infringement or violation of any rights of another, termination of your access to the platform, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Platform.
20. Miscellaneous Except as expressly agreed by dailymatter and you, these Terms of Service constitute the entire agreement between you and dailymatter with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. These Terms of Service will inure to the benefit of our successors and assigns. You may not assign this these Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of dailymatter. dailymatter may assign these terms or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and dailymatter as a result of these Terms of Service or use of the dailymatter Services. Failure of dailymatter to act on or enforce any provision of these Terms of Service will not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver will be effective against dailymatter unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Further, dailymatter will not be responsible for any failure to perform its obligations under this dailymatter due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of “Force Majeure.” You agree that dailymatter will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee. Notwithstanding the language contained in Section 16, these Terms of Service will in all respects, be governed by and construed and enforced in accordance with the laws of the State of Illinois (without giving effect to any choice or conflict of laws). You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Illinois, United States of America.
SYSTEM RULES
1. General Code for Users
4. Prohibited Types of Speech •Hate speech, which promotes or encourages discrimintion, harassment, or violence based on race, ethnicity, gender identity, sexual orientation, age, religion, or nationality. •Harrassment, defamation or intimidation. •Misleading or false statement about dailymatter, its product, features, policies or personnel. •Advertising for illegal or inappropriate merchandise.
5. Prohibitions in regard to Broadcasting Venues and Circumstances •Filming another individual without their consent or against their will. •Unauthorized broadcast or transmission of coprighted content.
6. Criminal activities •Facilitating or organizing criminal activities. •Causing direct or indirect physical or financial harm to people, animals, property, or businesses. •Inciting ethnic hatred or ethnic discrimination.. •Celebrating any crimes committed, either by the user or by a third party.
7. Violent, Self-Harming, or Self-Mutilating Acts or Threats •Display of firearms, promotion of gun violence. •Death threats or threats of violence or harm against any individual or community. •Depiction of or advocacy for child abuse, animal cruelty, self-mutilation, bodily harm.
8. Bullying, Harassment, Or Hateful Language •Profanity and/or vulgarity that is meant to hurt or attack. •Hate speech - Discriminatory or humiliating remarks based on: race or ethnic origin, religion or faith, disability, gender, age, nationality, appearance or physical attributes, or sexual orientation/gender identity. •Displaying altered images or names of an individual meant to degrade that individual, or sharing photos or videos of physical bullying of a person for the purpose of shaming the victim. •Sharing/displaying personal info of an individual for the purpose of blackmail or harassment.
9. Sales and Promotion of Illegal Substances •Use, mention or display of illicit drugs and/or drug paraphernalia.
10. Impersonation •Pretending to be other individuals (whether famous or not) or other users with the intent to mislead, confuse, or deceive others.
11. Disclosure/Posting of Private Content without Consent •Personal addresses or locations that are considered or treated private, and/or non-public personal phone numbers and email addresses. •Social security or other national identity numbers or credit card information. •Intimate videos or photos taken or distributed without the subject’s consent. •Videos or images that are considered private under applicable laws.
12. Copyright •Users are granted no rights to download, copy, capture or record the content on the dailymatter platform. •Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is a copyright infringement. •Any copying, distribution, trading, uploading to other services or platforms, or rebroadcasting in any form is strictly prohibited.
PRIVACY POLICY
Acceptance Please read the Terms of Service located at https://www.dailymatterapp.com/terms-of-service/ before using our Services. By accepting the Terms of Services, you warrant and represent that you have read, understood and agreed to our privacy practices described in this Policy and our Terms of Service. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below. If you disagree with anything in this Policy, you should immediately discontinue access or use of our Services.
Changes We may periodically make changes to this Policy as we update or expand our Services. We will notify you of any material changes to this Privacy Policy by notifying you via the email we have on file for you, or by means of a notice on our Services in advance of the effective date of the changes. If you do not agree to the changes, you should discontinue your use of the Services prior to the time the modified Policy takes effect. If you continue using the Services after the modified Policy takes effect, you will be bound by the modified Policy. Furthermore, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may provide more information about our privacy practices, or provide you with additional choices about how we process your personal information.
Information Collected In this Policy, the term “personal information” includes any information that identifies or makes an individual identifiable. Our primary purpose in collecting your personal information is to optimize and enhance your dailymatter experience. Please do not share special categories of personal information when using our Services. Examples of “special categories of personal information” include information related to racial or ethnic origin, political opinions, religious or physiological beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership or data concerning data subject’s sex life or sexual orientation. When you access or use our Services, we may generally collect the personal information described below.
● Information you provide us directly:
● Registration Information and Profiles. dailymatter will allow the end user to use your mobile number or a third party platform account to register in the Product and create an account.When you create an account, we may collect the personal information you provide to dailymatter, such as your name, gender, date of birth, username, password, email address, picture, or phone number and so on. We also collect the information from the third party account which can be used to identify you.
● User Content. We collect the content, communications and other information you provide when you use our Services, including when you create, post or share your photo, voice, videos, messages or communications for the public to view in our Services. Your posted content is still under your control after you post, and you can choose whether you want to continue to post, display or delete such materials.
● Communications Between Users and dailymatter. When you contact us with questions, concerns or for purposes of customer/technical support, we collect the information contained in your message, which may include your name, contact details and any other personal information you provide. We may collect some personal information, such as your email address, and names and other information provided by you, when you communicate your opinions about our application and services via our feedback channel,
● Geolocation Data. We will collect geolocation data if you choose to share it with us so that we can more accurately filter results on our Services. We may be able to approximate your geolocation based on other information you provide, such as your profile.
● Information we automatically collect about you:
● Activity Data.We collect information about your use of the Services through third-party analytics tools. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We anonymize or aggregate such information so that it cannot reasonably be used to identify any individual User.
● Device Information.When you use a mobile device (e.g., a tablet or smartphone) to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more ‘device identifiers.’ Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by dailymatter. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
● Log File Information.Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the web page or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (‘IP’) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. In addition, in Settings, other user log information including all your activities in our Product, such as gifting, commenting, logging in, recharging details, will be uploaded to us to help fix bugs, etc. The information allows for more accurate reporting and improvement of the Services.
● Automatic log updates.Automated data collection does not lead to profiling that significantly affects dailymatter users, but simply gives dailymatter a clear picture of its users and influencers.
● Information we obtain about you from third party sources:
● Information You Share on Third Party Websites or through Social Media Services.We collect publicly available information, such as your public social media profiles or other content available on the Internet. Collecting such information helps us better understand your interest and preferences so that we can improve the accuracy of our information about you, better understand your needs, and to optimize our Services.
● Third-Party Services.Upon your request, we may collect or share information about you or others from third-party products or services integrated into our Services.
How We Use Your Information We use the personal information we gather through the Services for the purposes described below.
A. Provide Services to You. We require certain information to provide you with the Services you requested. Such information may include your contact and device information. We share this information with our third-party service providers or partners to the extent necessary to continue to provide you with the Services. We cannot provide you with Services without such information.
B. Send Service-related Communications.We use your contact information to send you administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information to you. Service-related communications are not promotional in nature. You cannot unsubscribe from such communications because you could miss important developments relating to your account or the Services that may affect how you can use our Services.
C. Provide Customer Support. We process your personal information when you contact us to help you with any questions, concerns, disputes or issues, or to provide us with your feedback. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
D. Enforce Terms, Agreements or Policies. To ensure your safety and adherence to our terms, agreements or policies, we may process your personal information to: actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services; investigate, prevent, or mitigate violations of our terms and policies; enforce our agreements with third parties and partners; and, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.
E. Security Purposes.We process your personal information to: improve and enforce our security measures; combat spam, malware, malicious activities or security risks; and to monitor and verify your identity so that unauthorized users do not access your account with us. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
F. Maintain Legal and Regulatory Compliance. We process your personal information to pay our taxes or fulfill our other business obligations, and/or to manage risk as required under applicable law. We cannot perform the Services in accordance with our legal and regulatory requirements without processing your personal information for such purposes.
G. Personalize Your Experience. We allow you to personalize your experience on our Services via social media plugins on our Services (e.g., Facebook, Google, Instagram, WhatsAppp, etc.), by keeping track of your preferences (e.g., nickname or display name, time zone, language preference, etc.), and more. Without such processing, you may not be able to access or personalize part or all of our Services.
H. Conduct Research and Development. We process information about the way you use and interact with our Services to help us improve our Services, build new Services, and build customized features or Services. Such processing ensures your continued enjoyment of part or all of our Services.
I. Engage in Marketing Activities. We may process your contact information or information about your interactions on our Services to: send you marketing communications; deliver targeted marketing; inform you about events, webinars, or other materials, including those of our partners; and, keep you up-to-date with our relevant products and Services. Transactional communications about your account or our Services are not considered “marketing” communications. In addition, when you share your friends’ contact information with us, we may reach out to them to invite them to our Services and to continue receiving our communications. You can unsubscribe from marketing communications at any time without charge. Before we use your personal information in any other ways, we will disclose such other purposes to you. You can choose not to share your information with third parties for marketing purposes, or from allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your consent. If you choose to limit the ways we can use your personal information, some or all of the Services may not be available to you.
How We ShareYour Information with Third Parties We may share your personal information with third parties in the following circumstances:
● Affiliated Businesses.We may share your personal information with businesses that are legally part of the same group of companies that dailymatter is part of, or that become part of that group (‘Affiliates’). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).
● Our Service Providers, Business Partners and Others.We also may share your personal information with our service providers, business partners or third-party organizations that help us provide the Service to you (‘Service Providers’). Such entities will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.
● Business Transfers or Bankruptcy.In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any personal information owned or controlled by us may be one of the assets transferred to third parties. We will notify you via email or a prominent notice within our Services of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred personal information will be subject to this Privacy Policy. However, any personal information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
● Responding to Legal Requests and Preventing Harm.We may access, preserve and share your information if: 1.Required to do so by law, or in response to a subpoena or court order or similar request from judicial authority, law enforcement authorities or other competent public authorities; 2.We believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or 3.We believe that you have abused the Services by using it to attack our systems or to gain unauthorized access to our system, to engage in spamming or otherwise to violate applicable laws. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We may promptly notify you about the legal requests, including a copy of the original request, unless we are prohibited from doing so.
Marketing You can unsubscribe from marketing email communications from us by clicking on the ‘unsubscribe link’ provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes, updates to features of the Services, technical and security notices). Transfers of Your Information If you choose to use the Services or provide your information to us, your personal information may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Services.
● Update and Access Your Information You may update your account at any time by logging in and changing your profile settings. If you have any questions about reviewing or modifying your account information, please contact us directly at support@dailymatterapp.com.
● Children’s Privacy We do not knowingly collect personal information from children under 18 years old (or the minimum age required for the creation of a dailymatter Account absent parental consent in your country), unless permitted to do so by applicable law. Children under 18 years old are not permitted to use our Services. If we become aware that we have unknowingly collected personal information from a child, we will make commercially reasonable efforts to delete such information in our database. If you are a parent or guardian of a child, and you believe your child has provided us with their Personal Information on our Services, please contact us immediately at support@dailymatterapp.com. Security We are committed to ensuring the security of your personal information. We have physical, technical and administrative safeguards in place to protect the confidentiality of your personal information. In addition, we require that our service providers handling personal information also maintain appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the personal information you provide to us. However, we cannot guarantee the security of your personal information or that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. We also have no way of protecting any of your personal information that is not in our control, such as any information transmitted via email or wireless connections. Maintaining the security of your personal information is also your responsibility. Where we require you to register an account, you should choose a password of sufficient length and complexity and keep your password confidential. Do not leave your device unlocked so that other individuals may access it. Make sure you trust the wireless connections you are using to access or use our Services. If you think there has been unauthorized access to or use of your account, please contact us immediately at support@dailymatterapp.com. Retention of Personal Information We will try to limit the storage of your personal information to the time necessary to serve the purpose(s) for which your personal information was processed, to enforce our agreement, policies or terms, to resolve disputes, or as otherwise required or permitted by law. Please contact us if you have any questions about our retention periods. While retention requirements can vary by country, we generally apply the retention periods noted below.
● Marketing. We store information used for marketing purposes indefinitely until you unsubscribe. Once you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.
● Activity Data.We may store any information about your interactions on our Services or any content created, posted or shared by you on our Services (e.g. videos, comments, support tickets, and other content) indefinitely after the closure your account for the establishment or defense of legal claims, audit and crime prevention purposes.
● Web Behavior Data. We retain any information collected via cookies, clear gifts, flash cookies, web page counters and other technical or analytic tools in our system for a certain date and time from expiry of the cookie or the date of collection.
Cookies and Do Not Track Signals dailymatter uses cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser or device from a web server and stored on your device’s hard drive. Generally, dailymatter uses cookies to collect additional service usage data, to improve the dailymatter Services, and to personalize your experience. Using cookies helps ensure a safe experience; prevent spam, scanners, and phishers; and facilitate user-to-user interactions, such as chatting, posting and sharing content, and providing links to third-party services. Information for Residents in the European Economic Area, United Kingdom and Switzerland (the “Designated Countries”) This section only applies to users of our Services that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address, MCC (mobile county code) to identify which country you are located in. Where we rely on your IP address or MCC, we cannot apply the terms of this section to any user that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to users in the Designated Countries. A. Our Relationship to You dailymatter is a data controller with regard to any personal information collected from users of its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions. You are a “user.” Users are individuals providing personal information to us via our Services, such as by creating an account with our Apps, or otherwise accessing or using our Services. B. Marketing Activities If you are located in the Designated Countries and are a current user, we will only contact you by electronic means (such as email or SMS) per your communication preferences and/or with information about our Services that are similar to the Services you previously purchased from us or negotiated to purchase from us. For new users located in the Designated Countries, we will contact you by electronic means for marketing purposes only based on your consent or based on your friends’ consent. You can always withdraw your consent or change your marketing communication preferences at any time and free of charge. To opt out of the emails, please click the “unsubscribe” link in the footer of marketing emails. Marketing communications are promotional in nature and do not include transactional or Service-related communications. C. Legal Bases for Processing Personal Information The legal bases on which we rely to process your personal information include: your consent to the processing; satisfaction of our legal obligations; necessity to protect your vital interests; necessity to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you; necessity to process in the public interest; or for our legitimate interests as described in those sections. Below is a chart indicating the legal bases we rely in processing personal information. Section Purposes of Processing Legal Basis 4(A) Provide the Services Processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract. 4(B) Send Service-related Communications 4(C) Provide Customer Support 4(D) Enforce our Terms, Agreements or Policies 4(E) Security Purposes 5(A) Affiliated Businesses 5(B) Our Service Providers, Business Partners and Others 3(C) Third-Party Marketing Partners and Social Media Platforms Processing is based on our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services. 4(H) Conduct Research and Product Development 4(G) Personalize the Services for You 4(F) Maintain Legal or Regulatory Compliance Processing is necessary for compliance with our legal obligations, the public interest, or in your vital interests. 5(D) 5(C) Responding to Legal Requests and Preventing Harm
Business Transfer Individual Rights We provide you with the rights described below when you use our Services. Please contact us at support@dailymatterapp.com if you would like to exercise your rights under applicable law. When we receive an individual rights request from you, please make sure you are ready to verify your identity. We may limit your individual rights in the following ways:
● Where denial of access is required or authorized by law;
● When granting access would have a negative impact on other’s privacy;
● To protect our rights and properties; and
● Where the request is frivolous or burdensome.
● Right to withdraw consent. If we rely on consent to process your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
● Right of access and rectification. If you request a copy of your personal information that we hold, we will provide you with a copy without undue delay and free of charge, except where we are permitted by law to charge a fee. We may limit your access if such access would adversely affect the rights and freedoms of other individuals. You may also request to correct or update any of your personal information held by us, unless you can already do so directly via the Services.
● Right to erasure (the “Right to be Forgotten”). You may request us to erase any of your personal information held by us that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.
● Right to restriction. You have the right to restrict our processing your personal information where one of the following applies:
● You contest the accuracy of your personal information that we processed. We will restrict the processing of your personal information, which may result in an interruption of some or all of the Services, during the period necessary for us to verify the accuracy of your personal information;
● The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead;
● We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims; or
● You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights. We will only process your restricted personal information with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.
● Right to object to processing. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
● Right to data portability. If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.
● Notification to third-parties. If we share your personal information with third parties, we will notify them of any requests for rectification, erasure or restriction of your personal information, unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties.
● Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law.
● Right to Lodge a Complaint. If you believe we have infringed or violated your privacy rights, please contact us at support@dailymatterapp.com so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.
You may reach our Data Protection Officer at support@dailymatterapp.com.
How to Contact Us
If you have any questions about this Privacy Policy or the Services, please contact us at support@dailymatterapp.com
Privacy Policy (c) 2022 dailymatter
Effective date: November 1, 2023.