Privacy Policy

Effective Date: 9/2/2017

This Privacy Policy (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and the New Hampshire Limited Liability Company Shoal Interactive, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the Coupler website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Service”). The Service provides the following service: online double dating and social networking via the Coupler app. Supplemental terms and conditions or documents that may be posted on this website from time to time, are hereby expressly incorporated into this Agreement by reference.

How We Collect and Use Information

We collect the following types of information about you:

Information you provide us directly:

The Company may request certain information from you directly, such as your photos, a bio, a tagline, or other pieces of information about you. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service.

Information we may receive from third parties:

We may receive information about you from third parties. For example, we require users to login to the application using Facebook. That third party may pass certain information about your use of its service to the Company. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook Unique Identifier), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join the Service. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends.

Once you have signed up for the Service, another user may choose to partner with you by selecting your profile during their sign-up process. When a user selects your profile during this process, they are identifying you as their partner in the application. You do not have to confirm that you are partnered with this user, and they represent your joint profile when they interact with the Service. The user who identified you as their partner can take actions including but not limited to editing shared areas of your profile, and making decisions on whether or not you want to match with and chat with another couple. A user is not able to select you to be their partner on the Service unless they are your Facebook friend, and you currently are not partnered with anyone else on the Service.

By connecting your account on the Service to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you. We may use hyperlinks on the Service which will redirect you to a social network if you click on the respective link.  If you deactivate or deactivate your account, your information will be retained, but will not be made public to other users of the application.

Inviting a friend to use Coupler:

The Company may, in its sole discretion, develop a feature that allows you to invite third parties to the Service. If you choose to use our invitation service to invite a third party to the Service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to use the Service through the “Invite friends” feature, you are directly sending a communication from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from your phone. A user may also choose to invite friends using the information granted to the Company from Facebook. Such an invite will send a notification to your friend and invite them to join the application. You, as a user, have complete control which, if any, friends you invite to use the Service.

Analytics information:

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Usage information:

We may store information about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), tracking your usage of the Service over time. This information used to improve the service and is anonymized so it cannot identify you as an individual.

Log file information:

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information:

When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.

Device identifiers:

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by the Company. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Location data:

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Commercial and marketing communications:

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We may also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of certain Service-related emails.

Use of certain service type information we collect about you:

We use or may use log files, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Company application on your mobile devices; (i) for other miscellaneous purposes that do not violate the policy information given in the ‘Sharing of Your Information’ guidelines below.

Sharing of Your Information

We will not rent or sell your information into third parties outside the Company without your consent, except as noted below:

  • Who we may share your information with: We may share your information with third-party business partners and Trusted Users for the purpose of providing the Service to you. Third party business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.
  • Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and can be removed by the Company in its sole discretion, or by the user if an account is deactivated or deleted. Once a user is on the Company, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, or if other Users have
  • copied or saved that information as text or via a screenshot. The Company cannot guarantee your right to privacy if other users choose to share your content.
  • Who can see your IP address: Individuals with administrative powers on the Company have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on the Company such as an advertiser, video provider, social network or other third party will also have access to your IP address.
  • Who can see your email address: If you enter an email address, you will enable communication from the Company. The Company does not sell your email to other companies or individuals, and we never will.

What happens in the event of a change of control:

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Instances where we are required to share your information:

The Company will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of the Company, our Users, or others.

Sharing certain service type information we collect about you:

We may share certain service type information, including information obtained through tools such as log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

Ads on the Service:

We may also share certain information such as your location, browser, and other data relating to your use of our Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. The Company may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you.

To enhance your user experience or help us improve and measure our effectiveness, the Company may embed code from third parties on the Service. Examples of such parties may include Facebook, Twitter, Instagram, Pinterest, Google, YouTube, and others. These third parties may collect information about you including IP address and other identifiable information in ways the Company does not control.

The Company Privacy Policy does not apply to, and we cannot control the activities of third-parties. Please consult the respective privacy policies of such third parties or contact such third parties for more information.

How We Store and Protect Your Information

Storage and Processing:

Your information collected through the Service may be stored and processed in the United States or any other country in which the Company, its affiliates, or service providers maintain facilities. The Company may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which the Company, its affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe:

The Company cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to your account. The Company will use your Facebook account to verify your identity upon login, and it is your responsibility to maintain control of your Facebook account. However, the Company cannot ensure or warrant the security of any information you transmit to the Company or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Service, such as social networks. The Company is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, the Company will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your Choices about Your Information

You control your account information and settings: You may update your account information at any time by logging into your account and changing your profile settings. However, the removal of certain information from the public view may require the deactivation or deletion of your account. You can also stop receiving promotional email communications from us through opting out of such emails if you have received any promotional emails.

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of some Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at contact@shoalinteractive.com.

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable any tracking methods, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling tracking methods and/or other tracking tools prevents the Company or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the tracking methods and other tracking/recording tools, you can contact us directly at contact@shoalinteractive.com.

How long we keep your private profile information:

The service does not initially allow for you to terminate your account. Once this feature is added to the application and you terminate your user account by selecting ‘Delete Account’ on the Settings page, the Company may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes.

In order to stop the Service from showing your profile to other users of the Service for browsing or chatting without deleting your account, you must either:

  1. Unlink your account from your partner’s account by navigating to and selecting the ‘End Relationship’ button on the Settings page, or
  2. Turning off Discovery on the Settings page.

Selecting the ‘End Relationship’ button on the app removes you from the views of all users until you enter into a second relationship on the app. However, selecting ‘End Relationship’ does not inhibit another user of the app who is your friend on Facebook and does not currently have a partner on the app to see your profile picture and choose you as their new partner, which will enable other users to see you. If you want to inhibit another user from choosing you as their partner on the app, you must select ‘Delete Account’ on the Settings page.

Turning off discovery does not allow new users to see you, but users who have already matched with you on the application can still see your profile and chat with you. Neither the option to ‘End Relationship’ or ‘turn off Discovery’ are available in the current version of the application, but will be added at a later date.

Children’s Privacy

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 18. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 18 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 18 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 18 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Company by emailing privacy@shoalinteractive.com to have that child’s account terminated and information deleted.

California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer by emailing privacy@shoalinteractive.com.

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook, Google groups, or an IRC chatroom) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require You to submit any disputes arising from the use of this Agreement or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Hampshire law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Privacy Policy Changes

The Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. The Company will always post new versions of the Privacy Policy on this website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. The Company does not guarantee that it will notify you of changes to this Privacy Policy in any other form.

Contact

If you have any questions regarding our Privacy Policy, please contact our Privacy Officer at privacy@shoalinteractive.com.