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Terms of use, Privacy and Data notice for the Android Bye-Hi app

Terms of use for Bye-hi app for Android and iOS Terms of Use are subject to change. By using the bye-hi app service you are agreeing to be bound by the following terms and conditions ("Terms of Use"), which apply to however many accounts you have created as long as they are all accessed through the same device. Basic Terms You must be 13 years or older to use this site. You agree to giving access to the Bye-Hi app to your location, picture gallery and camera, and other accesses for the proper processes of the app to work as intended. Your data will be used to upload products to the Bye-Hi servers. Your data will not be sold or willingly given to any third party. You may not post nude, partially nude, or sexually suggestive photos. You may not post people or animals of any kind. You are responsible for any activity that occurs under your screen name. You are responsible for keeping your password secure. You must not abuse, harass, threaten, impersonate or intimidate other Bye-hi users. You may not use the Bye-hi service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Bye-hi service. You must not modify, adapt or hack Bye-hi or modify another website so as to falsely imply that it is associated with Bye-hi. You must not access Bye-hi's private API by any other means other than the Bye-hi application itself. You must not crawl, scrape, or otherwise cache any content from Bye-hi including but not limited to user profiles and photos. You must not create or submit unwanted email or comments to any Bye-hi members ("Spam"). You must not use web URLs in your name without prior written consent from Bye-hi, inc. You must not transmit any worms or viruses or any code of a destructive nature. You must not, in the use of Bye-hi, violate any laws in your jurisdiction (including but not limited to copyright laws). Violation of any of these agreements will result in the termination of your Bye-hi account. While Bye-hi prohibits such conduct and content on its site, you understand and agree that Bye-hi cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Bye-hi service at your own risk. General Conditions We reserve the right to modify or terminate the Bye-hi service for any reason, without notice at any time. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Proprietary Rights in Content on Bye-hi Bye-hi does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Bye-hi Services. By displaying or publishing ("posting") any Content on or through the Bye-hi Services, you hereby grant to Bye-hi a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Bye-hi Services. Some of the Bye-hi Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Bye-hi may place such advertising and promotions on the Bye-hi Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You represent and warrant that: (i) you own the Content posted by you on or through the Bye-hi Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Bye-hi Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Bye-hi Services. The Bye-hi Services contain Content of Bye-hi ("Bye-hi Content"). Bye-hi Content is protected by copyright, trademark, patent, trade secret and other laws, and Bye-hi owns and retains all rights in the Bye-hi Content and the Bye-hi Services. Bye-hi hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Bye-hi Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Bye-hi Services. The Bye-hi Services contain Content of Users and other Bye-hi licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Bye-hi Services. Bye-hi performs technical functions necessary to offer the Bye-hi Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Bye-hi Services. Although the Site and other Bye-hi Services are normally available, there will be occasions when the Site or other Bye-hi Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Bye-hi. Also, although Bye-hi will normally only delete Content that violates this Agreement, Bye-hi reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Bye-hi in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Bye-hi encourages you to maintain your own backup of your Content. In other words, Bye-hi is not a backup service. Bye-hi will not be liable to you for any modification, suspension, or discontinuation of the Bye-hi Services, or the loss of any Content. How to Report Things: The best way to report abusive content or spam on Bye-hi is by using the Report link near the top right on the chat. Below are some examples of how you can report content to us. Learn more about reporting abuse. Keep in mind that your report is anonymous, except if you’re reporting an intellectual property infringement. The account you reported won’t see who reported them. Report Content If you see someone's post or behavior and think it goes against Bye-hi's Community Guidelines, you can report it: Open the chat with the person involved. Tap click on the menu on the top right. Click on report. Explain briefly why you’re reporting them. Keep in mind that your report is anonymous, except if you’re reporting an intellectual property infringement. The account you reported won’t see who reported them.

Data Use Specifics, what data is used for and how to request to delete your data from the application

       Bye-Hi only collects and processes data with explicit permission from the users and for the sole purpose of use inside the app and nowhere else. These data may include user information such as Name and Last Name, profile picture if login in from a social media site such as Facebook, email, access to location, camera and picture gallery for product uploads and location filter, and app functionality analytics, such as number of product uploads, and language used, among other app data such as clicks on the app for analytics purposes. We need to know which sections of the app the users click on more so we can make improvements to the app in order to be more user friendly.

 

All Bye-Hi users can request their personal information data to be deleted inside the app. Here are the steps to take in order to make that request:

  1. Go to your profile account section

  2. Click on "I want to delete my account" button which is under the "About us" button

  3. Confirm that they want to delete their account and personal information data

      After their request is sent, the admins of the app will make sure their account and personal information data are deleted as soon as possible. Depending on the workload at the time it may take anywhere from one day to five business days. 


       The Bye-Hi app abides by Bye-Hi’s Prohibited Practices (Section 3) described below

  • You will not perform, or facilitate or support others in performing, any of the following prohibited practices (collectively, “Prohibited Practices”):


    • i. Processing Platform Data to discriminate or encourage discrimination against people based on personal attributes including race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories prohibited by applicable law, regulation, or Bye-Hi policy.


    • ii. Processing Platform Data to make eligibility determinations about people, including for housing, employment, insurance, education opportunities, credit, government benefits, or immigration status. By eligibility determinations, we mean determining whether to provide, deny, or take away a particular benefit (for example, housing or scholarships) as well as determining the terms under which the benefit will be provided, denied, or taken away.


    • iii. Processing Platform Data to perform, facilitate, or provide tools for surveillance. Surveillance includes the Processing of Platform Data about people, groups, or events for law enforcement or national security purposes.


    • iv. Selling, licensing, or purchasing Platform Data.


    • v. Placing Platform Data on, or otherwise making Platform Data available to, a search engine or directory without our prior express written consent.


    • vi. Attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, or reverse hash, or reverse-engineer Platform Data that is provided to you.


    • vii. Changing your App’s core functionality or data Processing so that Users would view it as an unfamiliar or different App, or materially changing the scope of Processing of previously collected Platform Data, unless in each case you first re-submit your App and receive our approval through App Review.


    • viii. Processing friend lists from Facebook to establish social connections in your App unless each person in that connection has granted you access to that information for that purpose.


  • b. Additional Terms for Restricted Platform Data


    • i. You will not request Restricted Platform Data unless it is necessary to meaningfully improve the quality of the applicable User's experience in the specific product or service for which the User shared the data.


    • ii. It must be clear to the User why you are requesting their Restricted Platform Data in order to improve the quality of their experience.


    • iii. For clarity, your Processing of Restricted Platform Data must comply with the applicable Developer Docs and other provisions of these Terms (including the Prohibited Practices).


  • c. Sharing Platform Data. You may only share Platform Data in compliance with these Terms (including Sections 3.a (“Prohibited Practices”), 3.b (“Additional Terms for Restricted Platform Data”), 4 (“Privacy Policy”), and 5 (“Service Providers and Tech Providers”)), applicable law and regulations, and all other applicable terms and policies, and only in the following circumstances:


    • i. With respect to Platform Data collected as a Tech Provider, solely as described below in Section 5.b (“Tech Providers”);


    • ii. With respect to Platform Data not collected as a Tech Provider,


      • 1. when required under applicable law or regulation (you must retain proof of the applicable legal or regulatory requirement or request and provide it to us if we ask for it);


      • 2. with your Service Provider;


      • 3. when a User expressly directs you to share the data with a third party (you must retain proof of the User’s express direction and provide it to us if we ask for it); or


      • 4. solely with respect to Platform Data that is not Restricted Platform Data, with other third parties, so long as:


        • a. you first contractually prohibit them from using the Platform Data in a way that would violate these Terms or any other applicable terms or policies (you must retain proof of the contractual prohibition and provide it to us if we ask for it); and


        • b. you ensure that any such third parties comply with these Terms and all other applicable terms and policies as if they were in your place, and you are responsible for their acts and omissions, including their noncompliance.


  • d. Retention, Deletion, and Accessibility of Platform Data


    • i. Unless required to keep Platform Data under applicable law or regulation, you must (and must make reasonable efforts to ensure your Service Providers) do the following:


      • 1. Make reasonable efforts to keep Platform Data up to date, including Platform Data that has been modified or deleted. You must update Platform Data promptly after receiving a request from us or the User to do so. You must give Users an easily accessible and clearly marked way to ask for their Platform Data to be modified or deleted.


      • 2. Delete all Platform Data as soon as reasonably possible in the following cases:


        • a. When retaining the Platform Data is no longer necessary for a legitimate business purpose that is consistent with these Terms and all other applicable terms and policies;


        • b. When you stop operating the product or service through which the Platform Data was acquired;


        • c. When we request you delete the Platform Data for the protection of Users (which we will determine at our sole discretion);


        • d. When a User requests their Platform Data be deleted or no longer has an account with you (unless the Platform Data has been aggregated, obscured, or de-identified so that it cannot be associated with a particular User, browser, or device), or for Tech Providers, when a User or the Client requests their Platform Data be deleted or the Client no longer has an account with you;


        • e. When required by applicable law or regulations; or


        • f. As required under Section 7 (“Compliance Review Rights and Suspension and Termination of these Terms”).


    • ii. If you are required to keep Platform Data under applicable law or regulation, you must retain proof of the applicable legal or regulatory requirement or request and provide it if we ask for it.


    • iii. If you have received Platform Data in error, you must immediately report this to us, delete that Platform Data, and provide proof of deletion if we ask for it.


  • e. Exceptions to Restrictions. The above provisions of this section (Section 3.a-d) do not apply to certain Platform Data as described here.

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