Privacy

Privacy Notice

Brunch LLC ("Brunch") recognizes that its customers, visitors and users, want to know what's up with privacy. Brunch provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Brunch Site, Brunch Software and/or the Brunch Service. If you do not agree to our practices, please do not use the Brunch Site, Brunch Software, or Brunch Service.

This Privacy Policy is incorporated into and is subject to the Brunch Terms of Service. Your use of the Brunch Site, Brunch Software and the Brunch Service and any personal information you provide on the Brunch Site or Brunch Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Brunch Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Brunch's Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Brunch, including information obtained when you access the Brunch's Site, use the Brunch Service or any other software provided by Brunch.

This Privacy Policy does not apply to the practices of companies, websites, software or other services Brunch does not own or control, or to individuals whom Brunch does not employ or manage, including any of the third parties to whom Brunch may disclose user information as set forth in this Privacy Policy.

The Information Brunch Collects

Brunch may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):

User Provided Information: You will provide certain Personally Identifiable Information, such as your mobile phone number, unique username, push notification name (if applicable), billing information (if applicable) and mobile device information to Brunch when choosing to participate in various uses of the Brunch Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Brunch Service, Brunch will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Brunch users ("in-network" numbers), or otherwise categorize other mobile phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.

Cookies Information: When you visit the Brunch Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Brunch uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Brunch Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the Brunch Site, our servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Brunch Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

The Information Brunch Does Not Collect

Brunch protocols prohibit the collection of emails, addresses or other contact information from its users' mobile address book or contact lists other than mobile phone numbers-the Brunch mobile application will associate whatever name the Brunch user has assigned to the mobile telephone number in his/her mobile address book or contact list. This means that if you have your friend's mobile phone number associated with the name "Shakespeare" in your mobile address book, that's the name that will appear for that mobile phone number in your Brunch contact list. We do collect general location data, which is used to determine who is near you, so that we can appropriately share your status with other friends via the Brunch Service.

The content of user messages that have been delivered to the Brunch Service are not, according to Brunch protocols, copied, kept or archived by Brunch in the normal course of business. The Brunch Service is meant to be a SMS replacement, using data service through a user's phone (either via cell network or wifi). Users type their messages, which are sent via data service to Brunch servers, and routed to the intended recipient (who must also be a Brunch user), if that recipient is online. Notwithstanding the above, Brunch may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as other information in compliance with applicable law. Files that are sent through the Brunch Service reside on Brunch servers after delivery for a short period of time, but are directed to be deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

The Way Brunch Uses Information

If you submit Personally Identifiable Information to us through the Brunch Site or Brunch Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Brunch Site and Brunch Service. In particular, your mobile phone number is essential to your use of the Brunch Service and will be retained. Any Personally Identifiable Information or status content that you voluntarily disclose on the Brunch Service becomes publicly available and may be collected and used by other users of the Brunch Service. Your name (as it is saved in other users' mobile phone address book or contact list) may be displayed to other users when you update your status messages through the Brunch Service and other users may contact you through the Brunch Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Brunch Site or Brunch Service changes or for customer service purposes). We also may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Brunch Site and Brunch Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to, among other things: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Brunch Service or Brunch Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When Brunch Discloses Information

Other users of the Brunch Service may see your Status Submissions and/or comments in a way that is consistent with the use of the Brunch Service. For example, a status of "Dinner at SoHo House" set by "Jane Anderson" at phone number +1 (408) 555-1212 will be available to all users in your Brunch network, including, for example, users added either from contacts stored on your mobile phone or via the Brunch Service's @username feature.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Brunch Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring/exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Brunch Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual's physical safety may be at risk or threatened. Brunch also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Brunch believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Brunch Site or Brunch servers, and to protect the rights, property, or personal safety of Brunch, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the Brunch Site or the Brunch Service, in which case Brunch may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Brunch mobile application and discontinue use of the Brunch Service; your continued usage of the Brunch Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Brunch Service. Please contact Brunch via email to support at Brunch.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites

We are not fans of advertising. Brunch currently is ad-free and we currently have no intention to introduce advertisement into the product. This section will be updated to reflect any change on this point.

Our Commitment To Data Security

Brunch uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of user personal information. We cannot, however, ensure or warrant the security of any information users transmit to Brunch as users do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Brunch Service is never recommended. Once we receive a transmission of information, Brunch makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Brunch learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Brunch may post a notice on the Brunch Site or through the Brunch Service if a security breach occurs.

Special Note to International Users

The Brunch Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Brunch Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Brunch Site and Service, which are governed by Illinois law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by Illinois law for these purposes.

In the Event of Merger, Sale, or Bankruptcy

In the event that Brunch is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Brunch may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Brunch Site and Brunch Service constitutes your agreement to this Privacy Policy and any amendments.

This Privacy Notice was last modified March, 1 2016