Privacy Policy

Last revised: July 23, 2012

Bump Technologies, Inc. ("Bump," "us," "our," or "we") recognizes that privacy is important. This Privacy Policy (this "Policy") applies to your use of the Flock app on all platforms on which it is now or may in the future become available (the "App"), the related services we provide ("Flock Services") and the Flock Web site, located at https://theflockapp.com, any Group Album (as defined below), or any successor sites (collectively, the "Site"). Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service ("TOS"), located at https://theflockapp.com/tos.

Bump has created this Policy to explain our privacy practices so you will understand what information about you is collected, used and disclosed with respect to the App, the Flock Services and the Site.

By using the App, the Flock Services or the Site (including accessing any Group Album), you consent to the privacy practices described in this Policy. This Privacy Policy does not cover your use of your account with Facebook (your "Facebook Account"). A Facebook Account is currently required in order for you to use the full functionality of the App, the Flock Services and/or the Site. Your Facebook Account (and your use of the Facebook services) is governed by the Facebook Terms and Policies, which includes the Facebook Data Use Policy, to which you agreed when you opened your Facebook Account, as they may be amended from time to time by Facebook. Links to the Facebook Terms and Policies can be found at www.facebook.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time. You can find the most recent version of this Policy at https://theflockapp.com/privacy. You can determine when this Policy was last revised by referring to the "Last revised" legend at the top of this Policy. Any modifications to this Policy shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of this Policy whenever you access or use the App, the Flock Services or the Site to check if this Policy has been modified. You must review this Policy on a regular basis to keep yourself apprised of any modifications to this Policy. If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of the App, the Flock Services and the Site. Your continued use of the App, the Flock Services or the Site following the posting of any modifications to this Policy will constitute your acceptance of such modifications and of the revised Policy. If you have any questions regarding this Policy, please contact us at the contact information listed at the end of this Policy. Please note that none of our employees or agents has the authority to vary any of our Policies.

This Policy covers our collection, use and disclosure of your information in connection with the App, the Flock Services and the Site. It does not cover any collection, use or disclosure by third parties through any applications, Web sites, products or services that we do not control or own, such as your Facebook Account, or any third party features or services made available in connection or through the App, the Flock Services or the Site. All trademarks, trade names, and logos of third parties featured on the App or the Site belong to their respective owners.

1. WHAT KIND OF INFORMATION WE COLLECT

We collect the following types of information below through your use of the App, the Flock Services and/or the Site.

Personal Information. "Personal Information" is information that identifies you or another person, which may be accessed by us, or otherwise transmitted or received by you or us when you use the App, the Flock Services and/or the Site. Personal Information includes: (a) photographs or other images or videos you take with or residing within your User Device ("Content") and information about such Content, such as the geographic location information, format, title, ISO speed, aperture value and size of such Content; (b) names, physical addresses, email addresses, telephone, fax and device telephone numbers; (c) your Facebook Account information, which includes your Facebook address (such as http://www.facebook.com/#!/john.doe) and your Facebook Account login credentials that you provide to us; (d) any information, data, files and images about you and others accessible through Facebook Account login credentials or otherwise made available through your Facebook Account; and (e) any other information which identifies you or another person that you transmit, make accessible or provide to us when you use the App, the Flock Services and/or the Site. Unless you have elected to opt-out of providing your geographic location information for all purposes for your User Device, the App may use and store information related to the geographic location of Content and combine this information with any other Personal Information to provide certain features or functionality of the App, whether or not you believe you are running the App or that the App is active.

We collect Personal Information if you provide it directly to us when you communicate with us, such as through email, or through the App, the Flock Services and the Site (including Group Albums). We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services to which you are able to post information, if any, on the Site (collectively, "Forums"). We may also collect Personal Information through certain features of the App or the Flock Services. The App does not have to be in active use in order for your Personal Information to be collected through it.

Non-Personal Information. "Non-Personal Information" is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.

Session and Usage Data. "Session and Usage Data" is information about your use of the App, the Flock Services and/or the Site and includes, without limitation, connection and service-related data submitted to us through your use of the App, the Flock Services or the Site. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of Content on your User Device. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information. Session and Usage Data may also contain location information and location information associated with your Content.

Log Data. When you interact with us or use the App, the Flock Services or the Site, our systems may automatically collect your unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use ("Log Data").

Aggregate Information. "Aggregate Information" is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the App, the Flock Services and/or the Site may be collected and combined with information about how others use the App, the Flock Services and/or the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the App, the Flock Services and the Site.

2. HOW WE USE YOUR INFORMATION

Personal Information. We may use your Personal Information:

• to respond to your inquiries, fulfill your requests, provide services, or complete transactions you have requested.

• to send you information regarding the App, the Flock Services and the Site, changes to our terms, conditions, and policies and/or other administrative information.

• to resolve problems with the App, the Flock Services or the Site.

• to create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs.

• to suggest that you use or take advantage of certain features of the App or the Flock Services, which may involve combining your Personal Information obtained directly from you, information about Content obtained directly from your User Device, and/or Personal Information about you and others that we have obtained from your Facebook Account.

• to better determine your location in order to identify to you other Users of the App, and to identify you to other Users of the App, such that the App can suggest to you and/or such other Users of the App that you may know, who may be nearby or who was in the same event, location or vicinity as you currently are or have been in the past, to post pictures to a Group Album (defined below) hosted by or on behalf of Bump.

• as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Non-Personal Information. We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the App, Flock Services and the Site; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number or a photograph or other Content). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

We may display targeted advertisements based on Personal Information. Advertisers (including advertisement serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted advertisement. However, by interacting with or viewing an advertisement, you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the advertisement.

3. HOW YOUR INFORMATION MAY BE DISCLOSED

Personal Information. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the App, the Flock Services and the Site. We also store Personal Information to improve the functionality of the App, the Flock Services and the Site. All information collected is stored in our database and may be archived elsewhere. We may disclose your Personal Information:

• to our third party service providers who provide services such as Web site hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.

• to identify you to anyone to whom you send messages through the Flock Services or the Site.

• to identify you to other users of the App to suggest you or they take advantage of certain features within the App or the Flock Services, such as suggesting that you and someone you may know, who may be nearby or who was in the same event, location or vicinity as you currently are or have been in the past, post pictures to a Group Album (defined below) hosted by or on behalf of Bump.

• provided by you on Forums freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to visitors of the Site. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.

• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the United States or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists.

No Disclosure to Third Parties for Marketing Purposes Without Your Consent. We do not disclose your Personal Information to third parties for the third parties' direct marketing purposes, unless you first affirmatively agree to such disclosure.

Non-Personal Information. We may disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

4. THIRD-PARTY SITES

In general, the App, the Flock Services and the Site access third party information about you (such as your Facebook Account information) through application interfaces. Also, we may provide links to third-party Web sites, such as Facebook, as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in the App, the Flock Services or the Site, you may leave the App, the Flock Services or our Site and enter the application, Web site or other service of a third party. Some of these third party sites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from the App, the Flock Services or the Site. The inclusion of a link or accessibility of third party Web sites does not imply endorsement of such third party Web site by us.

5. USERS WITH WHOM YOU SHARE YOUR INFORMATION OR WHO HAVE ACCESS TO GROUP ALBUMS

We cannot control the actions of other Users with whom you share your information or who have been given access to the Group Albums, whether by you or others who have also posted photographs onto the same Group Albums, or any other third parties who have been given access to such Group Albums. You understand that it is not necessary to post Content to a Group Album in order to have access to such Group Album, that members of the Group Album may share the link to the Group Album with third parties, and that we cannot track or identify all third parties who have been given access to Group Albums. We cannot, and do not, control the Content or information you share with other Users in using the App, the Flock Services or the Site (including via Group Albums) or how such other Users will use or further share such Content and information. We are not responsible for third party circumvention of our security measures or terms and conditions. As used herein, "Group Albums" means the specific web location you hosted by or on behalf of Bump on which you may elect to post Content using the App and use certain of the Flock Services.

6. CHOICES ABOUT YOUR PERSONAL INFORMATION

Opting Out of Marketing-Related Communications. You may opt out from receiving marketing-related emails, texts, phone messages or other communications from us on a going-forward basis by contacting us at [email protected]

We will try to comply with your opt-out request as soon as reasonably practicable. Please note that if you opt out as described above, this will apply to marketing messages from us only. We will not be able to remove your Personal Information from the database of any other Users you have shared such information, any third parties who have been given access to Group Albums on which you have posted your Content, or from third parties to whom you have previously authorized us to share such information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

Accessing, Changing or Suppressing Your Personal Information. If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us at [email protected]. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as and to the extent reasonably practicable. You understand that if certain of your Personal Information is suppressed or deleted, you may not be able to use the full functionality of the App, the Flock Services and/or the Site. You agree that we cannot remove your Personal Information from the database, storage media or User Devices of any other Users you have shared such information, any third parties who have been given access to Group Albums on which you have posted your Content, or from third parties to whom you have previously authorized us to share such information.

If you have questions about your Personal Information, please contact us at [email protected].

7. SECURITY

Bump is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative, physical and electronic measures designed to protect your private information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable.

8. RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by law.

9. OUR POLICY TOWARD CHILDREN UNDER 13 YEARS OF AGE

The Flock Services are not directed to children under 13 years of age. If you become aware that your child under 13 has provided us with personal information without your consent, please contact us at [email protected]. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account and ability to use the App. By using the App, the Flock Services or the Site, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to use the App and must immediately delete it from your User Device(s). We recommend that minors, who are 13 years old, but under 18 years old, ask their parents or legal guardians for permission before sending any information about themselves to us or anyone else, whether by using the App, the Flock Services or the Site.

10. INTERNATIONAL USERS

Your Personal Information may be stored and processed in any country where we have facilities, and by using the App, the Flock Services or the Site you consent to the transfer of your Personal Information to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use the App, the Flock Services or the Site and immediately delete the App from your User Device(s).

11. CALIFORNIA RESIDENTS

We do not disclose your Personal Information to third parties for the third parties' direct marketing purposes, unless you first affirmatively agree to that disclosure.

California Civil Code Section 1798.83 permits user who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. If you would like more information with respect to your privacy rights under California law, you may contact us at the contact point below. Please reference your request as "California Disclosure Information."

12. SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through the App, the Flock Services or the Site or otherwise to us.

13. CONTACTING US / REPORTING VIOLATIONS

If you have any questions about this Policy or our privacy practices, or to report any violations of the TOS or abuse of the App, the Flock Services or the Site, please contact us at [email protected].

END OF PRIVACY POLICY