App Privacy Policy | No Guarantees

No Guarantees of 1501 Broadway, #1501, New York, NY 10036 (“No Guarantees”, “we” or “us”) respects your privacy. We created this privacy policy (“Privacy Policy”) to demonstrate our firm commitment to your privacy and to help you understand how your information is collected and used.

This Privacy Policy explains our practices regarding information collection and usage solely for No Guarantees White Label App (the “App”). This Privacy Policy applies only to the App and does not govern any other websites, applications or services, unless it appears on such website, application or service.

By using or accessing the App, you agree that you have read and understood our Privacy Policy.

IF YOU DO NOT AGREE TO US USING YOUR PERSONALLY IDENTIFIABLE INFORMATION IN THE MANNER SET OUT IN THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR OTHERWISE USE THE APP.

IF YOU ARE LOCATED WITHIN THE EUROPEAN ECONOMIC AREA (“EEA”):

For the purposes of the European General Data Protection Regulation (“GDPR”), No Guarantees shall be considered the data controller of your personally identifiable information. Please also see the section of this Privacy Policy entitled “Additional Information and Rights applicable to Individuals Located in the EEA”, which sets out the additional information that the GDPR requires us to provide to you to explain our processing activities and your rights in relation to those activities.

Personally Identifiable Information That We Collect

No Guarantees collects personally identifiable information about you that you voluntarily submit to us. We may collect this information in a variety of ways, including without limitation when you register for an account, when you use the features and functionality on our App and purchase products through the App. The personally identifiable information which you may voluntarily provide to us or we may otherwise collect or access through the App includes:

Your name, password, e-mail address, postal code, date of birth and, if provided, your telephone number.
Your shipping address, if provided.
Your credit or debit card information and billing postal code, if provided.
The user name of your device.
Your location (if we have your consent, where required by law).
Information about you contained in communications between you and us (e.g., emails).
Any content you provide to the App or create on the App, such as a photograph with a filter featured on the App.

No Guarantees will not access your photos or camera without first getting your express permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you expressly share). Additionally, No Guarantees will not gather information about your precise location without first getting your express permission. No Guarantees will only gather information about your precise location when you are actively using the App and will not track your location when the App is in the background. If you change your mind about providing No Guarantees with access to your photos, camera or precise location, you can simply revoke your consent by changing the settings on your device if your device offers those options. If you do so, certain services may lose full functionality.

Non-Personally Identifiable Information That We Collect

When you visit the App, we may automatically collect certain non-identifying information about you, such as the mobile device that you use to access the App, your Internet Protocol address, the date and time that you access the App, the domain name of the website from which you arrived to the App, links that you click on within the App, any other activity of yours on the App and other technical information that assists us in improving the App. Note, in some jurisdictions (including European member states), your Internet Protocol address may be considered personally identifiable information.

Cookies and Similar Technologies

We may use “cookies” or similar types of technology (e.g., device identifiers, pixels tags, web beacons, clear GIFs, and local storage) to collect information about your use of the App, such as pages you have visited, content you have viewed and how you have otherwise interacted with the services on the App. We may use this information for insight and analysis purposes to help us enhance the App and make your visit more convenient. For your information, “cookies” are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. Some cookies and similar technologies are essential to the operation of the App. Some are not essential, but instead allow us to provide additional functionality or to gather additional information about your use of the App. In addition, we may provide products and services that support the App, such as social media features that enable you to share information with your social networks or services, and we may also use third-party analytics tools to help us measure traffic and usage trends for the App. These third parties may employ cookies, device identifiers or similar technologies. We do not control these third-party technologies and their use is governed by the privacy policies of the third parties using such technologies. Your mobile device may provide you with information and choices on what data is shared with us.

Our App uses “Google Analytics for Firebase”. Google Analytics for Firebase is an analytics tool which collects information about how you use our App. We only use this information on an anonymized basis for our own internal analytical purposes and not for marketing purposes. You can find out more about “Google Analytics for Firebase” and how it works here:

https://firebase.google.com/docs/analytics/.

Your continued use of the App is your consent to us using such tools in the manner described above. If you would like to block or delete cookies and similar technologies you may be able to do so using your device settings.

How We Use Your Information

In addition to other specific uses that we describe in this Privacy Policy, we may use any information that we collect (including personally and non-personally identifiable information) for the following purposes:

App registration and use: We will use your information to process your registration for an account on the App. Once you are registered, we will use your information to identify you when you log into secure areas of our App. We will use your account information so that we can administer your account and contact you about your account. Your access to and use of our App, including any secure areas, is subject to our App Terms of Use.
Purchases: We use your information so that we can fulfill the supply of products and services you have ordered and to process any payments, returns and/or refunds. Certain products and services we offer are also subject to specific terms and conditions which apply to your purchase and use of such products and services.
Feedback: From time to time, we may invite you to provide feedback about us or our products and services. We will use your personal information contained in your feedback or survey response to help us improve the quality of service provided by our personnel. We also use your feedback to monitor the quality of our products and services and to assist with the selection of future products and services.
Customer services: When you submit an enquiry to us, whether through the App or otherwise, we use your information to enable us to manage and respond to your enquiries and requests. We may also contact you with service messages (e.g., regarding account verification, purchase and billing confirmations and reminders, changes/updates to features of our services which may affect you and technical and security notices).
Promotions: From time to time, we may run prize draws, prize competitions and other promotions on our App. For the purposes of administering such promotions, we may process your name, contact details (including email address, postal address and/or telephone number, as applicable), social media handle (if relevant) and any other personal information volunteered by you in your promotion entry.
Marketing activities: We use your information to send you updates (e.g., relating to our products, services, special offers, features, and promotions), marketing materials and other information from time to time via email or other forms of electronic communication, for which you will have the opportunity to either opt-in or opt-out in accordance with applicable law. If you are located within the EEA: We will only send you marketing communications by email where you have consented to receive such communications, or where we have another lawful right to do so under applicable law.
Insight and analysis: We use your information to monitor metrics such as total number of visitors, traffic, and demographic patterns. This information is used to create insights about our visitors’ use of our App. Where we have your consent to do so (where required by applicable law), we will also use your location data for insight and analysis purposes. By using this information, we are able to measure the effectiveness of our content and how visitors use our App and our products and services. This allows us to learn what features and functionality of our App are most attractive to our visitors, which parts of our App are the most interesting and what kind of features and functionalities our visitors and clients like to see.
Diagnostics and maintenance: We use your information to help us diagnose or fix technology problems with the App and to provide, improve, test, and monitor the effectiveness of the App.
Business administration and legal compliance: We use your information for business administration and legal compliance purposes, including without limitation, to comply with our legal obligations, to enforce our legal rights, to protect the rights of third parties, and in connection with a business transition such as a merger, reorganization, acquisition by another company, or sale of all or a portion of our assets.

Please be assured that any credit and/or debit card details and billing address you provide us will only be processed by us and/or shared with a third party strictly in connection with any in-App purchases you make.

Disclosure Of Your Information

We will not disclose your personally identifiable information to third parties without your consent, except as set forth below or provided elsewhere in this Privacy Policy:

We may disclose your personally identifiable information to our vendors, subcontractors, and partners, and other third parties who provide services to us. However, they are only permitted to access your information in connection with performing such services and are not authorized by us to use the information for their own benefit.
We may disclose your personally identifiable information to third parties who provide, or assist us in providing, products and services that are offered on the App. If you wish to purchase merchandise and/or digital content through the App, we may disclose certain of your personally identifiable information (including credit card or debit card information or billing address) to The Araca Group (our third party merchandise reseller), as applicable. The use of your information by such third parties will be subject to the privacy policies of such third parties once such information is transferred.
We may disclose (with your consent if you are located within the EEA) your personally identifiable information to our partners that provide products and services or technologies that we believe may be of interest to you. The use of your information by our partners and their vendors and contractors will be subject to the privacy policies of our partners once such information is transferred.
We may disclose your personally identifiable information to protect the safety, rights, or property of the public, any person, or No Guarantees; to investigate, prevent, or otherwise address suspected fraud or other violations of any law, rule or regulation or the Terms of Use for the App; to detect, prevent or otherwise address security or technical issues; or as we believe is required by law, regulation, or legal process.
We do not sell or rent your personally identifiable information to third parties; provided, however, we may engage in a merger, acquisition, disposition, change of control, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of your information.

We may share non-personally identifiable information or generic aggregated demographic information with our partners or other third parties for any purpose.

Credit Card Companies

Credit card transactions related to transactions within the App may be handled by third party financial institutions and their vendors and contractors who receive credit card numbers and other personal information from us to verify the credit card numbers and process transactions. Although our treatment of this information is governed by this Privacy Policy, the use of your information by the third party financial institutions and their vendors and contractors will be subject to their own privacy policies.

Security

The security of your information is very important to us. We attempt to provide for the secure storage of your information by using commercially reasonable safeguards and taking reasonable steps (such as using email authentication) to verify your identity before granting you access to your account. Unfortunately, due to the inherent nature of the Internet and online communications, we cannot ensure the security of any information you transmit to us or guarantee that information on the App or our servers will be free from unauthorized access by third parties such as hackers. Your use of the App demonstrates your assumption of this risk. All of our employees, workers and data processors (i.e. those who process your personal data on our behalf), who have access to, and are associated with, the processing of personally identifiable information, are obliged to respect the confidentiality of the personally identifiable information of all users of the App.

Other Services, Websites and Applications

The App may integrate third-party services and content and may contain links to third-party websites and applications. Functionality on the App may also permit interactions between the App and a third-party website or feature. For example, the App may include a feature that enables you to share content from the App or your content with a third party, which may be publicly posted on that third party’s service or application. We are not responsible for the privacy practices or content of these third-party services, websites and applications, and we do not endorse or promote such third-party websites, applications and services. This Privacy Policy and our Terms of Use do not apply to any third-party service, website or application. Your browsing and interaction on any third-party service, website or application or service, including those that are integrated in the App or have a link on the App, are subject to that third party’s own rules and policies. When you link away from our App, you do so at your own risk.

Social Media

The App may contain links to our presence on various social media platforms. As we do not operate or control such platforms, this Privacy Policy and our Terms of Use do not apply to your use of such platforms. In addition, you should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, social network or other social media platform may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.

User Communication With Us

Any material or communications transmit to us by email, including, without limitation, any information, photographs, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and may be used by us for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting.

Protection for Children

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the App. The App and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at tech@noguarantees.com.

IF YOU ARE LOCATED WITHIN THE EEA: Our App and the commercial products and services that we offer are not specifically targeted at children, although we appreciate that they may appeal to children. If you are under the age of 18, we ask that you obtain your parent’s or guardian’s consent before submitting any personal information to us or requesting any products or services from us. If you are a parent or guardian of a child under 18, please ensure that you supervise your child’s use of our App and our products and services and ensure they obtain your consent before submitting any personal information to us or requesting any products or services from us. For the purpose of safeguarding the rights, interests and freedoms of children, we may ask you to verify your age in order to continue using our App and/or any of our products and services you may have requested.

Rights of California Residents

If you are a California resident, you have the right to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

Additional Information and Rights applicable to Individuals Located in the EEA

Legal basis for processing

Under the GDPR, we are required to tell you the legal basis we are relying on to process your personally identifiable information for the purposes set out in this Privacy Policy.

Where your information is completely anonymized, we do not require a legal basis to use it as the information will no longer constitute personally identifiable information that is regulated under data protection laws. However, our collection and use of such anonymized information may be subject to other laws where your consent is required. Please see the section entitled “Cookies and Similar Technologies” above for further details.

How we obtain your consent

Where our use of your personally identifiable information requires your consent, you can provide such consent either at the time we collect your personally identifiable information following the instructions provided or by informing us using our details in the “Contact” section below.

Duration of processing

Regarding personally identifiable information we have processed in connection with the supply of our products and services to any person or organization, we will retain personally identifiable information relevant to that supply of products or services for six years from the date of supply and in compliance with our obligations under the GDPR (or similar legislation around the world). We may then destroy such files without further notice or liability.

Regarding any other personally identifiable information we have processed, we will retain relevant personally identifiable information for three years from the date of our last interaction with the relevant person or organization and in compliance with our obligations under the GDPR (or similar legislation around the world). We may then destroy such files without further notice or liability.

If any personally identifiable information is only useful for a short period (e.g. for a specific marketing campaign), we may delete it at the end of that period.

Sharing Personally Identifiable Information

We will only share personally identifiable information with others when we are legally permitted to do so. When we share personally identifiable information with others, we put contractual arrangements and security mechanisms in place to protect the personally identifiable information and to comply with our data protection, confidentiality and security standards. When processing your personal information we may need to share it with third parties as follows:

-Other organizations within our group of companies: We may share your personally identifiable information with other organizations within our group of companies where necessary for administrative purposes or where those organizations assist us in the provision of our products and services.

-Third-party organizations that provide applications/functionality, data processing or IT services: We use third parties to support us in providing our products and services and to help provide, run and manage our internal IT systems. Such third parties may include, for example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centers around the world, and personally identifiable information may be stored in any one of them.

-Credit card companies and other payment providers: We may share personal information with third parties who assist us with the processing of card payments and refunds.

-Third-party email marketing and CRM specialists: We share personally identifiable information with specialist suppliers who assist us in managing our marketing database and sending out our email marketing communications to our subscribers.

-Third-party organizations that assist us with the administration of our promotions: We share personally identifiable information with specialist suppliers who assist us in administering our competitions, prize draws and other promotions.

-Auditors, lawyers, accountants and other professional advisers: We share personally identifiable information with professional services firms who advise and assist us in relation to the lawful and effective management of our organization and in relation to any disputes we become involved in.

-Law enforcement or other government and regulatory agencies: We may share personally identifiable information with law enforcement or other government and regulatory agencies or other third parties as required by, and in accordance with, applicable law or regulation.

Transfers of your Personally Identifiable Information Outside the EEA

We are a U.S. organization and many of our suppliers are U.S. organizations. Therefore when you submit personally identifiable information through our Sites, Your personally identifiable information will be transferred to the United States of America where it will be stored and processed by us and, where applicable, our suppliers and other third parties referred to in this Privacy Policy for the purposes specified in this Privacy Policy. The laws of the United States of America may not offer the same standard of legal protection for your personally identifiable information that you enjoy in your own country. However, we will comply with our legal and regulatory obligations in relation to your personally identifiable information including having a lawful basis for transferring your personally identifiable information and putting appropriate safeguards in place to ensure an adequate level of protection for your personally identifiable information where it is transferred outside the EEA. Where we are transferring, storing or processing your personally identifiable information outside the EEA not strictly for the purpose of providing our services (e.g. to send you marketing), we shall only do so with your consent.

Your Rights

You have the following rights in relation to the personally identifiable information we hold about you:

Your right of access: If you ask us, we will confirm whether we are processing your personally identifiable information and, if so, provide you with a copy of that personally identifiable information (along with certain other details). If you require additional copies, we may charge a reasonable fee for producing those additional copies. You can contact us for this purpose using our details in the “Contact” section below.
Your right to rectification: If the personally identifiable information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have shared your personally identifiable information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you who we’ve shared your personally identifiable information with so that you can contact them directly.
Your right to erasure: You can ask us to delete or remove your personally identifiable information in some circumstances, such as where we no longer need it or where you withdraw your consent (where applicable). If we have shared your personally identifiable information with others, we will let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personally identifiable information with so that you can contact them directly.
Your right to restrict processing: You can ask us to block or suppress the processing of your personally identifiable information in certain circumstances, such as where you contest the accuracy of that personally identifiable information or you object to us processing it. It won’t stop us from storing your personally identifiable information, though. We will tell you before we lift any restriction. If we have shared your personally identifiable information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personally identifiable information with so that you can contact them directly.
Your right to data portability: You have the right, in certain circumstances, to obtain personally identifiable information you have provided to us (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer it to a third party of your choice.

Your right to object: You can ask us to stop processing your personally identifiable information, and we will do so, if we are: (i) relying on our own or someone else’s legitimate interest to process your personally identifiable information, except if we can demonstrate compelling legal grounds for the processing; or (ii) processing your personally identifiable information for the purposes of direct marketing.
Your rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for the entering into, or the performance of, a contract between you and us.

Your right to withdraw consent: If we rely on your consent (or explicit consent) as our legal basis for processing your personally identifiable information, you have the right to withdraw that consent at any time. You can exercise your right of withdrawal by contacting us using our details in the “Contact” section below or by using any other opt-out mechanism we may provide, such as an unsubscribe link in an email.
Your right to lodge a complaint with the supervisory authority: If you have a concern about any aspect of our privacy practices, including the way we have handled your personally identifiable information, please contact us using our details in the “Contact” section below. You can also report any issues or concerns to your local supervisory authority. You can find a list of contact details for all EU supervisory authorities at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you would like to exercise any of your rights referred to above, this can be done by either:

editing your personally identifiable information on your account; or
emailing us at tech@noguarantees.com.
Please note that while we will endeavor to make the updates as promptly as possible, communications may be sent using the original details until the changes have been processed.

Changes to Privacy Policy

Please review this Privacy Policy from time to time. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. Your continued use of the App following the posting of any changes to this Privacy Policy means you accept such changes. If we make material changes to this Privacy Policy, we may provide you with additional forms of notice, as appropriate.

Opt-out Process

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at tech@noguarantees.com.

We will process your request within a reasonable time after receipt. However, we are not responsible for removing your personally identifiable information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy or your consent.

IF YOU ARE LOCATED WITHIN THE EEA: please also see the subsection entitled “Transfers of your Personally Identifiable Information Outside the EEA” in the “Additional Information and Rights applicable to Individuals Located in the EEA” above.

This Privacy Policy, and the use of the App, is subject to our Terms of Use.

United States of America

Our App is maintained in the United States of America. By accessing the App from a jurisdiction outside of the United States, you freely and specifically give us your consent to export your personally identifiable information from your local jurisdiction to our servers in the United States and to store and use such information in the United States as set forth in this Privacy Policy.

IF YOU ARE LOCATED WITHIN THE EEA: please also see the subsection entitled “Your Rights” in the “Additional Information and Rights applicable to Individuals Located in the EEA” above.

Contact

For questions or concerns relating to Privacy Policy or your information, we can be contacted at: tech@noguarantees.com.

Effective Date

This Privacy Policy was last updated on Nov 30, 2023