The Distancing app (“Distancing”) is owned and operated by Ferry, LLC, a Utah limited liability company. The technologies and intellectual property used by Distancing is subject to limited, revocable licenses granted by third parties. This agreement (“Agreement”) describes how Distancing and its related companies, including third parties which grant licenses to Distancing, ( jointly, “Company”) collect, use and share personal information of consumer users of Distancing and other products of the Company (“Products”). By using the Products, you agree to the following.
1. Institutional Users
“You” includes individual users, users that are required to use the Products in the course of employment, and the companies or contractors that require the use of the Products. Any companies that require their employees and/or contractors to use the Products shall immediately indemnify and hold harmless the Company from any and all claims arising from its use, except for claims that arise as a result of the Company’s gross negligence or intentional misconduct. No Warranty The Company makes no warranties as to the Products’ performance. The Products do not prevent human infection of infectious diseases, whether by direct or indirect pathways. No doctor-patient relationship is created by the use of the Company’s Products, and the Company is not providing medical advice by any means, including, but not limited to, providing Products. You waive any and all claims to indirect, consequential, and/or punitive damages.
2. PUBLIC VERSION
The Public version does not collect, observe, or in anyway, transact in contact log or health data collected from your device. You own that data on your device, and only you can authorize notifications to other users that they came in contact with someone that is a health risk. Other users will not receive your personal information, time of the contact event, or any information regarding the contact at issue. Contact logs expire and are permanently disposed of on a one-month, rolling cycle.
2. WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us.
We collect your name, email address as well as other information you directly give us using the Products. For example:
- We will collect your name, email address and any other information you provide.
- We track and log your location using a number of technologies, and the location data is directly correlated to the information you provide.
- If you contact us for support via email, we will collect your email address and the content of your email.
- If you purchase any Products, we may collect your shipping information in order to send you your products, and our third party payment processor may collect your billing information in order to process your payments.
Information We Get From Others.
We may get information about you from other sources. We may add this to information we get from the Products.
Information Automatically Collected.
We automatically log information about you and your devices that have the Products installed. For example, we log your device operating system type, browser type, browser language, the websites you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.
We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
We may also collect information from your devices with our Products installed on them. Examples of information that may be collected and used include your geographic location, how you use the Products, and information about the type of device you use. In the event our Products crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Products.
Information Collected from You About Others.
The Products may enable to you to invite others to download the Products. We may employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join you in the application usage. With your permission, we will access your address book and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends. Also, when you invite friends to the Products, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail or text message that is sent to your friends will come from your e-mail address or phone number, as applicable, so that your friends know that you want to invite them to use the Products.
Collection of Data by Others.
Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Products (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Products and the other sites tracked by these third parties. This Agreement does not apply to, and we are not responsible for, Cookies or Pixel Tags in third parties and other technologies.
Third Party Analytics.
3. USE OF PERSONAL INFORMATION
We use your personal information as follows:
- We use your personal information to operate, maintain, and improve our Products;
- We use your personal information to respond to comments and questions and provide customer service;
- We use your personal information to communicate about promotions, upcoming events, and other news about the Products and our selected partners.
4. SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
We may share personal information;
- We may share some or all your personal information in connection with or during negotiation of any merger;financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Agreement.
- We may share personal information for legal, protection, and safety purposes;
- We may share information to comply with laws; We may share information to respond to lawful requests and legal processes;
- We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person;
- We may share information with those who need it to do work for us. We may also create and share aggregated and/or anonymized data with others for their own uses.
You agree the information collected is not protected pursuant to HIPAA or any other regulatory regime. To the extent the foregoing is not enforceable, this Agreement acts as a waiver to any such protections.
5. INFORMATION CHOICES AND CHANGES
You may opt out anytime by deleting the Products from your devices AND sending us an email at firstname.lastname@example.org, confirming that you are opting out.. You can stop all collection of information by the App (s) by uninstalling the App (s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
6. INDEMNIFICATION AND CHOICE OF LAW
You shall immediately indemnify and hold harmless the Company from any and all claims arising from the use of Company’s Products, except for claims that arise as a result of the Company’s gross negligence or intentional misconduct. You agree that a court in the State of Utah governs and that all matters shall arise in.
7. CONTACT INFORMATION
8. CHANGES TO THIS Agreement
We may change this Agreement. If we make any changes, we will change the Last Updated date above, and you agree to any changes by continuing to use the Products.