Evansville Promise Zone Mobile App

This privacy policy (“Policy”) governs your use of the software application Evansville Promise

Zone Mobile App (“Application”) for mobile devices. The Application provides users with

information and resources available in the Evansville Promise Zone and surrounding areas to

meet various socioeconomic needs. The Application will show the name of the resource

organization or entity, a brief description, provide directions and where appropriate, online links

for more information. Additionally, the Application will provide users with limited ability to interact

with the Evansville Promise Zone and its partners.

What information does the Application obtain and how is it used?

A. User Provided Data

The Application obtains the information you provide when you download and register the

Application. Registration with us (the Evansville Promise Zone) is optional. However, please

keep in mind that you may not be able to use some of the features offered by the Application

unless you register with us.

When you register with us and use the Application, you generally provide the following

information: (a) your name, email address, age, user name, password and other registration

information; (b) information you provide us when you contact us for help; and (c) information you

enter into our system when using the Application, such as contact information and project

management information.

We may also use the information you provided us to contact you from time to time to provide

you with important information, required notices and marketing promotions.

B. Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not

limited to, the type of mobile device you use, your mobile devices unique device ID, the IP

address of your mobile device, your mobile operating system, the type of mobile Internet

browsers you use, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?

When you visit the Application, we may use GPS technology (or other similar technology) to

determine your current location in order to determine the city you are located within and display

a location map with relevant advertisements. We will not share your current location with other

users.

If you do not want us to use your location for the purposes set forth above, you should turn off

the location services for the Application located in your account settings or in your mobile phone

settings and/or within the Application.

Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this

Policy.

We may disclose User Provided Data and Automatically Collected Information:

 as required by law, such as to comply with a subpoena, or similar legal process;

 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;

 with our trusted services providers who work on our behalf and who have agreed to

adhere to and be bound by the rules set forth in this Policy.

 if the Evansville Promise Zone is involved in a merger, acquisition, or sale of all or

a portion of its assets, you will be notified via a prominent notice on our website of any

change in ownership or uses of this information, as well as any choices you may have

regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the

Application. 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. You can also request to opt-

out via email, at promisezone.evv@echohousing.org

Data Retention Policy, Managing Your Information

We will retain User Provided Data for as long as you use the Application and for a reasonable

time thereafter. We will retain Automatically Collected Information for up to 24 months and

thereafter may store it in aggregate. If you would like us to delete User Provided Data that you

have provided via the Application, please contact us at promisezone.evv@echohousing.org and

we will respond in a reasonable time. Please note that some or all of the User Provided Data

may be required in order for the Application to function properly.

Children

With a few exceptions, the Children’s Online Privacy Protection Act (COPPA) makes it illegal for

any website to knowingly collect personal information from children under the age of thirteen

(13) without receiving parental consent. As such, it is not our intent to collect personal data

from children under the age of thirteen (13). We do not use the Application to knowingly solicit

data from or market to children under the age of thirteen (13). When appropriate, we will

instruct children under the age of thirteen (13) not to submit personal information on our

Application or we will seek parental consent prior to the submission of such personal

information. If we learn that we have collected the personal information of a child under the age

of thirteen (13) in violation of this Policy, we will take steps to immediately delete such

information. If a parent or guardian becomes aware that his or her child has provided us with

information without their consent, he or she should contact us at

promisezone.evv@echohousing.org. We will delete such information from our files within a

reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide

physical, electronic, and procedural safeguards to protect information we process and maintain.

For example, we limit access to this information to authorized employees and contractors who

need to know that information in order to operate, develop or improve our Application and have

agreed to be bound by the terms of this Policy. Please be aware that, although we endeavor to

provide reasonable security for information we process and maintain, no security system can

prevent all potential security breaches. You agree to hold us harmless against any liability or

damage arising from the use of our Application.

Links

This Application may contain links to other sites or applications. We are not responsible for the

content of those sites and cannot be held responsible for the accuracy, relevancy, copyright

compliance, legality, or decency of material contained in sites listed on or otherwise linked to

our Application. The inclusion of any link does not imply our endorsement. We make no

representations whatsoever about any other website which you may access through our

Application. We reserve the right to disable links from third-party sites to our Application and

you are encouraged to be aware that when you leave our Application you should read the

privacy practices of other websites and applications that collect personally identifiable

information. This Policy applies only to information collected in our Application.

Changes

This Policy may be updated from time to time for any reason. We will notify you of any changes

to our Policy by posting the new Policy here. You are advised to consult this Policy regularly for

any changes, as continued use is deemed approval of all changes. You can check the history of

this Policy by clicking here.

Your Consent

By using the Application, you are consenting to our processing of your User Provided Data and

Automatically Collected Information as set forth in this Policy now and as amended by us.

"Processing,” means using cookies on a computer/handheld device or using or touching

information in any way, including, but not limited to, collecting, storing, deleting, using,

combining and disclosing information, all of which activities will take place in the United States.

If you reside outside the United States your information will be transferred, processed and

stored there under United States privacy standards.

Please visit our End User License Agreement section and Terms of Use section of this

Application which establish the use, disclaimers, limitations of liability and other terms governing

the use of this Application.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, HOLD

HARMLESS AND INDEMNIFY THE EVANSVILLE PROMISE ZONE AND ANY OF ITS

OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AFFILIATES OR OTHERWISE

FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, EXPENSES, ATTORNEY’S

FEES AND EXPERT FEES ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THE

APPLICATION.

General Disclaimer

The information contained in this Policy should not be construed as providing any legal,

business, or other advice, or as warranting the security of the information users transmit through

the Application. We make no representations or warranties, either express or implied, about the

content or accuracy of information contained in the Application or the security information

transmitted by users of our Application and expressly disclaim the same.

Arbitration and Governing Law

To expedite resolution and control the cost of any dispute, controversy, or claim related to this

Policy, the Application or the relationship between the parties (each a "Dispute" and collectively,

the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”),

the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly

provided below) informally for at least 150 days before initiating arbitration. Such informal

negotiations commence upon written notice from one Party to the other Party. Any arbitration

shall be settled in binding arbitration in accordance with the Commercial Arbitration Rules of the

American Arbitration Association. The Parties agree that any arbitration shall be limited to the

Dispute between the Parties individually; provided, however, that the obligation to arbitrate shall

extend to any affiliate, subsidiary, officer, employee, shareholder, principal, agent, trustee in

bankruptcy or guarantor of a Party making or defending any claim hereunder. Any decision and

award of the arbitrator shall be final, binding and conclusive upon all of the Parties hereto and

said decision and award may be entered as a final judgment in any court of competent

jurisdiction. Notwithstanding said Rules, any arbitration hearing to take place hereunder shall

be conducted in Evansville, Indiana, before one (1) arbitrator who shall be an attorney who has

substantial experience in commercial law issues. This Policy shall be construed and enforced in

accordance with, and the rights of the Parties shall be governed by, the laws of the State of

Indiana (not including the choice of law rules thereof). To the full extent permitted by law, (a) no

arbitration shall be joined with any other proceeding; (b) there is no right or authority for any

Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported representative capacity

on behalf of the general public or any other persons. The Parties agree that the following

Disputes are not subject to the above provisions concerning informal negotiations: (a) any

Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual

property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is

found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling

within that portion of this provision found to be illegal or unenforceable and such Dispute shall

be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and

the Parties agree to submit to the personal jurisdiction of that court. Either party may apply to

any court of competent jurisdiction for interim, temporary, or preliminary injunctive relief in aid of

the arbitration proceedings, or to enforce the arbitration award, but not otherwise. Any such

application to a court shall not be deemed incompatible or a waiver of this provision. The

arbitrator shall be required to make written findings of fact and conclusions of law to support its

award. Except as may be required by law, neither a Party nor an arbitrator(s) may disclose the

existence, content, or results of any arbitration hereunder without the prior written consent of the

Parties. Notwithstanding anything to the contrary in said Arbitration Rules, the arbitrator shall

not be authorized or empowered to award consequential, incidental, special, treble, indirect,

liquidated, exemplary, or punitive damages, and the Parties expressly waive any claim to such

damages. The Parties consent to the jurisdiction of the American Arbitration Association and

waive any objection which either Party may have to any proceeding so commenced based upon

improper venue or forum non conveniens.

If you have any questions regarding privacy while using the Application, or have questions

about our practices, please contact us via email at promisezone.evv@echohousing.org.

Last updated: October 7, 2019

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