Privacy Policy

Last Updated: October 8, 2019.

Available., operated by The NGpire Inc. (“Available,” “we,” or “our”), recognizes the importance of your personal privacy. Therefore, we have created this Privacy Policy so that you know how we use and disclose your data when you make it available to us. The Privacy Policy below discloses our practices regarding data collection and usage for the mobile application called Available (the “App”), and the service provided thereon (the “Service”).

By using or accessing the App and the Service, you signify your agreement to be bound by this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The data we collect and why we collect it;

  • How we use that data;

  • How we share data; and

  • The choices we offer.

1. Personal Data That We Collect.

You may be required to submit certain personal data when you register on the Service. The personal data could include your email, name, address, phone number, location, occupation, resume data, and other personal data collected from you or through some other form of consent from you or notification to you.

2. Data About Your Contacts.

By using the Service, you are giving Available. your consent to locate, retrieve, and store personal data from individuals on your phone's contact list (your "Contacts"). Data that we collect about your Contacts may include, without limitation, their first and last names, phone numbers, and email addresses. We will only use and/or share your Contacts' personal data as authorized by this Privacy Policy (and specifically as set forth under the heading "Data Usage," below), unless you agree otherwise in writing. For the avoidance of confusion, your Contacts and any of their data shall be considered personal data for the purposes of this Privacy Policy.

You may request that we not access your Contacts or collect their data by emailing us at contact@theavailableapp.com.

3. Non-Personal Or Aggregate Data That We Collect.

When you access our Service, we may automatically collect non- personal data from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search data, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic data collected from our users (such as the number of users in a particular geographical location) in adoes not identify any one individual. We may also aggregate data collected offline in connection with the Service, obtain non- personal data from third party sources and develop aggregate data by anonymizing previously collected personal data.

It is possible at times when collecting non- personal data through automatic means that we may unintentionally collect or receive personal data that is mixed in with the non- personal data. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal data, please notify us at contact@theavailableapp.com.

4. Data Usage.

We will only use your personal data as described below, unless you have specifically consented to another type of use, either at the time the personal data is collected from you or through some other form of consent from you or notification to you:

  • We may share your personal data collected in connection with providing the Service.

  • We may use your personal data to respond to your inquiries or requests.

  • We may use your personal data to send you emails from time to time about our services, but we will not provide your personal data to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.

  • We may share your personal data with third parties to further the purpose for which you provided such data to us (collectively, the “Third Party Vendors”). Specifically, we will share your data with the following Third Party Vendors:

  1. Mailchimp - https://mailchimp.com/legal/privacy/;

  2. Twilio - https://www.twilio.com/legal/privacy/;

  3. Amazon Web Services - https://aws.amazon.com/privacy/;

  4. JIRA/Atlassian - https://www.atlassian.com/legal/privacy-policy/;

  5. Google - https://policies.google.com/privacy/.

  • We may disclose personal data as required by law or legal process.

  • We may disclose personal data to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.

  • We may transfer your personal data in connection with the sale or merger or change of control of Available or the division responsible for the services with which your personal data is associated.

  • We may share your personal data with an affiliate of Available who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

Non- personal or aggregate data may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such data shall not specifically identify you.

5. Automatically Collected Data.

When you access the Service or open one of our HTML emails, we may automatically record certain data from your system by using cookies and other types of tracking technologies. This "automatically collected" data may include Internet Protocol address ("IP Address"), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar data. Depending on the law of your country of residence, your IP address may legally be considered personal data.

6. Analytics and Conversion Tracking.

We use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The data generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this data for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website and mobile application activity and providing other services relating to website and mobile application activity and Internet usage.

We may collect data about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

We use cookies on the App for Google Analytics. Google Analytics is a web analytics tool that helps website and mobile application owners understand how visitors engage with their website or mobile application. Google Analytics customers can view a variety of reports about how visitors interact with their website or mobile application so that they can improve it.

Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect data about how visitors use our App. We then use the data to compile reports and to help us improve our App.

Cookies contain data that is transferred to your computer’s hard drive. These cookies are used to store data, such as the time that the current visit occurred, whether the visitor has been to the App before and what App or website referred the visitor to the App.

Google Analytics collects data anonymously. It reports website or mobile application trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our App – for more data on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout/.

We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Please see https://support.google.com/adwords/answer/1722022?hl=en/ for more data about conversion tracking provided by Google.

7. Security.

The security of your personal data is very important to us. When we collect your personal data online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personal data will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the data we collect. Only those employees who need access to your data in order to perform their duties are authorized to have access to your personal data. For more data on protecting your privacy, please visit https://www.ftc.gov/site-information/privacy-policy/.

We shall investigate and report data breaches within 72 hours of becoming aware of such breach. When a breach of Personal Data is likely to result in a high risk to the rights and freedoms of individuals then Available, as Controller, will notify the affected individuals without undue delay.

8. Your Disclosures In Blogs And Other Social Media.

You should be aware that personal data which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personal data, and by using the Service or any other online services you assume the risk that the personal data provided by you may be viewed and used by third parties for any number of purposes.

If you connect to a third party service such as Facebook or Twitter through an icon or link on the Service or otherwise link your account with a third party service, we may share the contents of your post and associated data (such as your user name, the fact that your connection originated from the Service, and other relevant usage and diagnostic data) with such third party. With your one-time consent, we may also send data about the content you watch and your activities on the Service to such third parties. Once such data is shared, the use of your data will be subject to that service's privacy policy and this Privacy Policy will not apply.

9. Protection for Children.

We generally do not collect personal data from children under the age of 16. If at any time in the future we plan to collect personal data from children under 16, such collection and use, to the extent applicable, shall, when required, be done in compliance with the General Data Protection Regulation (“GDPR”). If at any time in the future we plan to collect personal data from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personal data from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such data from our database.

10. Other Services.

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

11. Changes to this Privacy Policy.

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal data in a way that materially differs from this Privacy Policy, including sharing such data with more third parties, we will email you and give you the opportunity to review the revised policy before you choose to continue using our Service.

12. User Access to Data.

You have the right to request access to the data information we have stored on you. You can do this by contacting us at contact@theavailableapp.com. We will make sure to provide you with a copy of the saved data particular to you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending an electronic copy unless you expressly specify a different method of receipt.

13. Data Correction and Deletion.

If you believe the data Available has collected on you is incorrect, you are encouraged to contact us to update it. Any data that is no longer needed for the purposes specified in this Policy will be deleted. You may request to have your personal data updated or deleted at any point by emailing us at contact@theavailableapp.com.

14. Opt-Out Process.

All unsubscribe or opt-out requests may be made by emailing us at contact@theavailableapp.com or by clicking the “unsubscribe” link at the bottom of the email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personal data from the lists of any third party who has previously been provided your data in accordance with this Privacy Policy or your consent. You should contact such third parties directly. If you would like to update or correct any personal data that you have provided to us, please email us at Available and once we confirm your data, we will update such data within a reasonable amount of time.

15. Communications with Available.

By providing your contact data through channels including but not limited to your email address and phone number (collectively the “Channels”) to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send data that you have requested or to send data about other products or services developed or provided by us or our business partners, provided that, we will not give your contact data to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Available.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such data.

16. No Rights of Third Parties.

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal data relating to users of the Service.

17. California Online Privacy Protection Act.

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more on https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/#sthash.0FdRbT51.dpuf/.

According to CalOPPA, we agree to the following:

  • Users can visit our Website anonymously.

  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our Website.

  • Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • Via email and on our Privacy Policy page.

Can change your personal data:

  • By emailing us.

How does our Website handle Do Not Track signals?

CalOPPA requires us to let you know how we respond to "Do Not Track" ("DNT") signals. At the moment, there is no uniform industry or legal standard for recognizing or honoring DNT signals; therefore, we do not honor DNT requests at this time.

Does our Website allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking.

18. Terms of Use.

Use of this Service is governed by, and subject to, the Terms of Use Agreement (the “Terms”). This Privacy Policy is incorporated into the Terms. Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

19. Servers.

Our servers are maintained in the United States. By using the Service, you freely and specifically give us your consent to export your personal data to the United States and to store and use it in the United States as specified in this Privacy Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

20. Governing Law.

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, USA, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in Kings County, New York, USA, in all disputes arising out of or relating to the Services.

21. For EU Users.

We comply with the General Data Protection Regulation 2016/679 framework as set forth by the European Union regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Available has certified that it adheres to the requirements of notice, choice, onward transfer, security, data integrity, access and enforcement.

22. Contact.

For questions or concerns relating to privacy, we can be contacted at contact@theavailableapp.com.