Privacy policy

This privacy policy ("Policy") describes how Homer Drive, LLC ("Homer Drive, LLC", "we", "us" or "our") collects, protects and uses the personally identifiable information ("Personal Information") you ("User", "you" or "your") may provide in the The Cheers App mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Automatic collection of information

Our top priority is customer data security and, as such, we exercise the no logs policy. We process only minimal user data, only as much as it is absolutely necessary to maintain the Mobile Application or Services. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Collection of personal information

You can visit the Mobile Application without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the Mobile Application's features, you will be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you make a purchase, or fill any online forms in the Mobile Application. When required, this information may include the following:

·       Personal details such as name, country of residence, etc.

·       Contact information such as email address, address, etc.

·       Geolocation data of the mobile device such as latitude and longitude.

·       Certain features on the mobile device such as contacts, calendar, gallery, etc.

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the Mobile Application's features. Users who are uncertain about what information is mandatory are welcome to contact us.

Storing personal information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

Use and processing of collected information

In order to make our Mobile Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Mobile Application. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:

·       Fulfill and manage orders

·       Deliver products or services

·       Improve products and services

·       Send marketing and promotional communications

·       Respond to inquiries and offer support

·       Request user feedback

·       Improve user experience

·       Enforce terms and conditions and policies

·       Protect from abuse and malicious users

·       Respond to legal requests and prevent harm

·       Run and operate our Mobile Application and Services

Processing your Personal Information depends on how you interact with our Mobile Application, where you are located in the world and if one of the following applies: (i) You have given your consent for one or more specific purposes. This, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Information transfer and storage

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.

The rights of users

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

The right to object to processing

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn, whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to Homer Drive, LLC through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by Homer Drive, LLC as early as possible.

California privacy rights

In addition to the rights as explained in this Privacy Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.

Billing and payments

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Mobile Application is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Mobile Application or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission.

If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Mobile Application or Service, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Remarketing

We also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities in the Mobile Application. These companies may deliver ads that might place cookies and otherwise track user behavior.

Advertisement

We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

Affiliates

We may disclose information about you to our affiliates for the purpose of being able to offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Privacy Policy.

Links to other mobile applications

Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third-parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Mobile Application has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice in the Mobile Application.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and Personal Information will likely be among the assets transferred.

Changes and amendments

We may update this Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Mobile Application or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to info@thecheersapp.com

This document was last updated on April 26, 2020

Refund policy

Since our Mobile Application offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product in the Mobile Application. Please make sure that you've carefully read product description before making a purchase.

Contacting us

If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to info@thecheersapp.com

This document was last updated on April 26, 2020

Disclaimer

This disclaimer ("Disclaimer", "Agreement") is an agreement between Homer Drive, LLC ("Homer Drive, LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the The Cheers App mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

Representation

Any views or opinions represented in the Mobile Application are personal and belong solely to Homer Drive, LLC and do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may print a copy of any part of this Mobile Application for your personal or non-commercial use.

Compensation and sponsorship

This Mobile Application accepts forms of advertising. Advertising space will always be identified as such. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, Homer Drive, LLC will receive an affiliate commission.

Indemnification and warranties

While we have made every attempt to ensure that the information contained in the Mobile Application is correct. Homer Drive, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in the Mobile Application is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Homer Drive, LLC be liable to you or anyone else for any decision made or action taken in reliance on the information in the Mobile Application or for any consequential, special or similar damages, even if advised of the possibility of such damages. Furthermore, information contained in the Mobile Application and any pages linked to and from it are subject to change at any time and without warning.

We reserve the right to modify this Disclaimer relating to the Mobile Application, products or services at any time, effective upon posting of an updated version of this Disclaimer in the Mobile Application. When we do we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Mobile Application you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Mobile Application.

Contacting us

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to info@thecheersapp.com

This document was last updated on April 26, 2020

Acceptable use policy

These acceptable use policy ("Acceptable Use Policy", "AUP", "Policy") is an agreement between Homer Drive, LLC ("Homer Drive, LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Policy sets forth the general guidelines and acceptable and prohibited uses of the The Cheers App mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

Prohibited activities and uses

You may not use the Services to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

·       Disclosing sensitive personal information about others.

·       Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

·       Threatening harm to persons or property or otherwise harassing behavior.

·       Manual or automatic credit card or other available payment methods testing using bots or scripts.

·       Purchasing any of the offered Services on someone else’s behalf.

·       Misrepresenting or fraudulently representing products or services.

·       Infringing the intellectual property or other proprietary rights of others.

·       Facilitating, aiding, or encouraging any of the above activities through our Services.

System abuse

Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

·       Use or distribution of tools designed for compromising security of the Services.

·       Intentionally or negligently transmitting files containing a computer virus or corrupted data.

·       Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.

·       Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupts the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

·       Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).

·       Engaging in any other activities that degrade the usability and performance of our Services.

No spam policy

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

·       Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.

·       Reporting violations to law enforcement as determined by us in our sole discretion.

·       A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Policy in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may send an email to info@thecheersapp.com

This document was last updated on April 26, 2020