Privacy Policy

Last updated: February 14, 2016

Privacy Policy

Serkit Inc. ("Serkit" or "we" or "us") provides this Privacy Policy (the "Policy") to help you understand how the Serkit Site, mobile application, and/or Serkit software or messenger functionality (collectively, including all content provided by Serkit through Serkit messenger functionality and the Serkit Site, the "Service") deals with personal information. If you do not agree to our practices as described in this Policy, please do not use the Service.

This Privacy Policy is incorporated into and is subject to the Serkit Terms of Service. Capitalized terms we use and do not define in this Policy have the definitions provided in the Terms of Service. Your use of the Service and any personal information you provide using the Service is subject to both the terms of this Privacy Policy and our Terms of Service.

What Does This Policy Cover?

This Policy covers the treatment of personal information that is collected or obtained when you access or use the Service. By "personal information" we generally mean information that directly identifies you. This Policy also may describe some of our practices for other types of information that we may obtain about you or the computers, phones, or other devices you use in connection with the Service, that does not directly identify you. We may treat such information as personal information under this Policy, but we do not commit that we will treat all such information as personal information.

This Policy does not apply to the practices of companies that Serkit does not own or control, or to individuals whom Serkit does not employ or manage, including any of the third parties to which Serkit may disclose personal information as set forth in this Policy.

What Information Does Serkit Collect?

Serkit collects different types of personal information and other information in order to provide the Service to you and other users. For example, Serkit may obtain the following types of information:

User Provided Information: You may provide certain information, such as your mobile phone number, name or nickname, photograph, and mobile device information to Serkit when choosing to participate in various uses of the Service, such as registering as a user, creating a profile, using the messenger functionality, updating your status or requesting status for your contacts.

Messages and Communications: Serkit receives the messages and information that you transmit and receive using the messenger functionality, including: all contents of your messages, media and files sent through the functionality (e.g., photos, videos, audio files, documents, etc.), location information shared through the functionality, Status Submissions, etc.

Address Book Information: In order to provide aspects of the Service, such as the messaging functionality, Serkit will periodically access the address book or contact list on your computer, device, or mobile phone to locate and collect the phone numbers of other Serkit users ("in-network" numbers), as well as phone numbers that are not associated with Serkit users ("out-network" numbers). We do not intend to collect names, emails, addresses or other contact information from your address book or contact lists other than phone numbers. Our mobile application is designed to associate whatever name you have assigned to the phone number in your address book or contact list using a dynamic process on your device itself and not on Serkit's servers-accordingly, the name is not transmitted to our servers.

Information from Cookies and other Technologies: When you use the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer or device. Cookies allow us to uniquely identify your computer. Cookies also transmit information about your computer or device, such as Internet Protocol ("IP") address, unique device identifiers, browser type and information, browser language, referring / exit pages and URLs, the date and time of your request, etc. Serkit 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 Serkit Site. Persistent cookies may be able to be removed using your browser settings. A session cookie is intended to be temporary and to be discarded after you close your browser. If you adjust your browser settings to limit or disable cookies, the Serkit Site or Service may not function properly. When you access the Service by or through a mobile device, we may use cookies or other tracking technologies to receive, collect and store unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and phone number.

Log File Information: When you use the Service, our servers automatically record certain information that your web browser typically sends whenever you visit a website. These server logs may include information such as your web request, 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 messenger functionality, our servers log certain information related to your use of the functionality (e.g., information that is transmitted about the messages that are sent or received, and about any updates or requests for status information); this information may include time and date stamps and the mobile phone numbers the messages were sent from and to.

How Does Serkit Use Information?

We use, transmit, process, and store personal information that we collect for a variety of purposes. Examples include the following:

to operate, maintain, and provide to you the Service, including all of its features and functionality;

to distribute your Status Submissions and other profile information publicly and to other Serkit users;

to enable your name (as it is saved in other user's address book or contact list) to be displayed to other users;

to enable you and other users to communicate through the messaging functionality;

to market or advertise to you about our or third party products or services;

to communicate with you, including about the Service (such as notifying you of Service changes or for customer service purposes, if we choose to do so;

to improve the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.

In addition to the uses described above, we may use any information that is not personal information for any lawful purpose. For example, we may use information from cookies and stored in log files to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Service; (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. We retain personal information for as long as you use the Service or as we deem necessary, in our sole discretion. We may process and retain personal information in the United States, and in any other country in which we (or third parties that assist us) use equipment or facilities.

How Is Information Disclosed to Third Parties?

Personal information is transmitted to, made available to, disclosed to, licensed to, stored by and retained by, (collectively, "Disclosed") third parties including the following:

Service Users. Personal information about you is Disclosed to other users of the Service, including to other users of the messaging functionality. Such users may see your profile information or Status Submissions. For example, if you update a Status Submission to indicate that you "Can't talk, please SMS instead", this will be available to every other user of the messaging functionality who has your mobile phone number in their address book or contact list. In other words, if another user has your mobile phone number stored in their address book or contact list, they will be able see your Status Submission. This also means that information such as when you last used the Serkit mobile application or messaging functionality, or brought the Serkit mobile application to the foreground on your mobile phone (e.g., “last seen” information), will be Disclosed to each user who has your mobile phone number in their address book or contact book.

Service Providers and Others. Personal information is Disclosed to our service providers, subcontractors, vendors, consultants, agents, and partners, who perform services on our behalf. Information may be transmitted to such third parties using cookies, log files, or other automated means. For example, the Service may use Google Analytics, which may transmit cookies to your computer or device, and access those cookies to collect information. Google wants us to provide the following link to its description of how it uses information that the Google Analytics services the Serkit Service: We may use a variety of other third parties in connection with the Service, and their privacy practices may differ from the ones described in this Policy.

Affiliates and Others. Personal information is Disclosed to employees, holding companies, affiliates and other entities under common ownership, subsidiaries, and similar entities to help us in providing the Service or in performing any action we would be permitted to do under this Policy.

Parties to Certain Business Transactions. Personal information may be Disclosed to third parties in connection with unusual business transactions, such as bankruptcies or similar proceedings, insolvencies, reorganizations, receiverships, assignment for the benefit of creditors, financing, mergers, joint venture, sale of all or some Serkit assets or shares, change of control, or acquisition of all or a portion of our business by a third party.

Third Parties for Legal and Similar Purposes. Personal information may be Disclosed to third parties as required or in our sole discretion to: (i) satisfy any applicable law, regulation, subpoena/court order, legal process, search warrant, or other government request, (ii) enforce our Terms of Service, including the investigation of potential violations thereof, (iii) investigate and defend Serkit against any claims or allegations, (iv) protect against harm to the rights, property or safety of Serkit, Service users, the public, or others as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

Third Parties with Your Consent. Personal information may be Disclosed for other purposes not described in this Policy that you request, authorize or consent to In addition to the third parties described above, we may Disclose any information that is not personal information to other third parties in our sole discretion. For example, we plan to Disclose such information to interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of the Service. In general, we do not sell your personal information to third-party companies for their commercial or marketing use unless you consent, or as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Your Choices

You may, of course, decline to submit some types of personal information to the Service, in which case Serkit may not be able to provide aspects of the Service to you. However, use of the messaging functionality of the Service requires you to provide information such as your phone number, and the messaging functionality and other aspects of the Service will involve some of the personal information collection and use practices described in this Policy. If you do not agree with this Policy or Terms of Service, please delete your account, uninstall the Serkit mobile application and discontinue use of the Service; your continued usage of the Service will signify your assent to and acceptance of this Policy and Terms of Service. While we strive to give you privacy options, we are not able to respond to Do Not Track signals from your browser at this time.

Access and Correction of Personal Information

The Service may have features and functionalities that allow you to provide and change personal information, such as information you provide in your profile or in a Status Submission. You are able to use those features and functionalities to access the personal information you provided using them, and to update or correct such information. Unfortunately, not all personal information may be maintained by us in a format that you can access or correct. In addition, we may already have Disclosed or relied upon personal information that was collected, and we are not able to grant access or corrections to such information. If you would like to inquire about access to personal information, please contact us using the information in the "Questions about This Policy" section below.

Links to Other Sites

The Service may contain links to and from third party websites. If you follow a link to a third party website, please note that it will have its own privacy policy and practices, and that we do not accept any responsibility or liability for its policies or practices. Please review the third party’s privacy policy and practices before you submit any information to a third party website.

Data Protection

We use what we believe to be commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Serkit and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the messaging functionality is never recommended. If we learn of a security systems breach that involves your personal information, then we may attempt to notify you electronically using any contact information that we have about you so that you can take appropriate protective steps. Serkit may post a notice on the Serkit Site or through the Service if a security breach occurs.

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, Serkit does not knowingly collect or maintain personal information through the Service from persons under 13 years of age, and no part of the Service is directed to or intended to be used by persons under 13. If you are under 13 years of age, then please do not use the Service. If Serkit learns that personal information of persons under 13 years of age has been collected, then it may deactivate the account and/or delete the personal information. Parents and guardians who know that their child under the age of 13 has provided personal information through the Service can contact us using the information in the "Questions about This Policy" section below. Use Outside of the U.S.

Note to international users

The Service is hosted in the United States. If you are a user accessing the Service from outside the United States, you do so at your own risk, and you agree that your use will be governed by California law, this Policy, and our Terms of Service. In addition, you acknowledge that use of the Service involves transfer of your personal information to the United States and you expressly consent to that transfer, and to be governed by California law, this Policy, and our Terms of Service.

Changes and Updates to This Privacy Notice

This Privacy Policy may be revised from time to time. When we do so, we will revise the "effective date" at the end of this Policy. Please visit this page to stay aware of any changes. Your continued use of the Serkit Site and Service constitutes your agreement to this Policy and any amendments.

Questions about This Policy

Please contact Serkit via email to legal at any questions or comments about this Policy or your personal information.