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Thunda

Privacy Policy

Introduction

Thunda.com hosts an open, global, non-private stream of photos captured by Users around the world. We encourage our users to only share appropriate social photos that do not infringe the rights of others nor undermine the wellbeing of any person or organization.

Users connect to Thunda.com via their Facebook profiles and so there is no privacy or anonymity on the Thunda.com system. Users are therefore identified by their actual names, not aliases. Furthermore, Users’ photos are geo-tagged using the Foursquare® application programming interface or by the Google Maps / Earth API.

This means that both the location and personal identity of a User sharing photos into the Thunda.com system can be known to any other person in the world in real-time. This could have serious privacy and safety implications for our Users.

Users are therefore urged to only utilize our services with a full knowledge that they are disclosing their precise whereabouts and photo activity in real-time to the rest of the world.

Privacy Policy

The Company respects the privacy of its users and has drafted this Privacy Policy to protect its Users' interests.

The purpose of Thunda.com is to provide a free service to users whereby they can capture, browse, download and share social photographs with the world. Our services are not intended to capture anybody in a negative, demeaning or compromising light. We urge our users to respect this.

This Privacy Policy forms an integral part of our Terms of Service. This Privacy Policy is not applicable to the practices of companies, websites or services that are not owned or controlled by the Company.

The Company reserves the right to amend this Privacy Policy at any time without notice.

Registration

Users register with our Services by connecting via Facebook. In so doing, they provide us with access to their name, gender, age, city, friends, photos and other Facebook data that the user authorizes via our Facebook application.

The Company is committed to safeguarding the constitutional and common law privacy of its Users and registrants and will not disclose nor sell any personally identifiable information to anybody without the express permission of its Users unless obliged to do so by law or due legal process. Personally identifiable information includes a registrant's name, telephone number and e-mail address which is stored on secure servers where access is limited to authorised Company personnel, its System Administrators and its appointed agents.

Users agree to be identified by their actual Facebook names that are linked to their usage of our Services. Users are therefore not anonymous to the Company or to other Users.

Data Ownership

We do not claim ownership of any Content that you post via our Services but according to our Terms of Service, You grant to us a non-exclusive, royalty-free, transferable worldwide license to use the Content You post.

Given the nature of photo sharing via social networks, once You share Content via our Services it becomes impossible for us to restrict the distribution of that Content beyond our Services and so due caution should be taken by our Users in posting Content via our Services.

In the event of the ownership of the Company changing, or the Company acquiring or merging with another company or the Company undergoing any form of business transition, User information will likely be part of the assets transferred to the new owners so that the Services can continue to operate. Such transfer of User information would remain subject to the terms of this Privacy Policy unless the Company notified you of changes to its Privacy Policy.

Data Storage

All data is stored online on secure, virtual servers. Data is backed up periodically but the Company does not take any responsibility for any data loss whatsoever that could result from your use of our Services.

Data Access

Access to the data of the Users of our Services is restricted to authorized Company personnel, its System Administrators and it’s appointed agents. All such parties are contractually bound to confidentiality.

Given the public nature of our Services, User information including name, location, photos and the location of photos are freely available to the world via our Services in real-time. Please do not use our Services if this is of any concern to you whatsoever.

Data Usage

Anonymous User data gather via Facebook as well as location and photo data captured via our Services may be aggregated and made available to the Company’s clients, alliance partners, affiliates and media agencies.

Anonymous User data may include age, province, postal code, gender, occupation, mobile phone prefix and other data not identifying any single individual.

By using our Services, Users are assigning the Company the right to use and sell their anonymous User data.

The Company may be required to disclose certain User data as a consequence of a subpoena, court order or legal process. The Company may be obliged to disclose this data in compliance with applicable laws. The Company will not do so until it has good faith belief that the data being requested by the authorities or private litigants meets applicable legal standards.

Furthermore, the Company may share User data with other companies, lawyers, agents or government agencies when it believes it is necessary to do so in order to comply with law, to protect the Company's interests or property, to prevent potential bodily harm against anyone or to prevent fraud or other illegal activities from being perpetrated through our Services.

The Company may also use your User information to contact you regarding our Services.

Data Retention

Data gathered by the Company may be retained for perpetuity unless a User elects for his or her data to be deleted from our Services.

Use of Content

The Company does not condone the use of any content uploaded or accessed via our Services for any malicious, unkind, defamatory or illegal use whatsoever.

The Use Of Cookies

When a User visits our Website, the Company may detect your location via your browser and may collect and identify you via your IP address and browser type.

In addition, the Company stores certain information from your browser using "cookies." A cookie is a piece of data stored on the User's computer tied to information about the User. The Website uses session ID cookies to track whether users are logged on to the Website and to track the user through subsequent page requests to personalise the experience, to avoid repeated user authentication and to serve user-relevant content. These cookies terminate once the user closes the browser or after a certain time interval. Another cookie may be created when a User visits the site to set the default country. This cookie may be subsequently used to identify the user's preference on subsequent visits to the Website.

The data that the Company gathers from server log files and cookies, may be compiled and analysed on an anonymous, aggregate basis and may be shared with clients, alliance partners, affiliates and media agencies.

Users using public or shared computers (e.g. in a library or school) should sign out of their Thunda.com acounts or close their browser before leaving the computer. This will prevent other people from accessing a user's account and personal information on the Website.

Deleting User Data

Within the User Profile Settings, Users are able to delete their profile and all its associated data on our Services.

Login Credentials

Users authenticate on Thunda.com via Facebook and the Company does not capture or store these User passwords in any way.

Users should not disclose their passwords to any third party. The Company, its clients, partners, affiliates or media agencies will never request registrants to divulge their login credentials or passwords.

The Company cannot be held responsible for use of a User’s profile resulting from a User’s phone falling into the wrong hands or which result from Users’ failure to keep their login credentials secure.

It is a good idea to update your password and verify your email address in your user profile periodically.

Protection of Minors - Children Under the Age of 13

Our Services do not knowingly collect or solicit personal information from users under the age of 13 nor does they knowingly allow such persons to register on the site. Users under the age 13 should not attempt to connect to our Services nor submit information about themselves or photos of themselves because no one under the age of 18 may utilize the Thunda.com Services. In the event that the Company learns that it has collected personal information from a child under the age of 13 it will delete that information as quickly as possible. If you believe that the Company might have any information from or about a child under 13, please contact us at info@thunda.com.

Protection of Minors - Children Between the Ages of 13 and 18

Our Services are not intended to target persons under the age of 18 years old. Accordingly, persons under the age of 18 years are ineligible to register, to win competitions, to participate in promotions or to opt-in to receive direct emailing.

All Users are required to accept the Terms of Service when connecting to Thunda.com that stipulates that the site is only accessible to users over the age of 18.

Share on Facebook

Thunda.com provides a mechanism for its Users to share Content via our Services to their personal profiles and Pages on Facebook. Thunda.com expects its Users to use this feature responsibly, to respect the privacy of others, to act in good faith and to conform with the Terms of Use of Facebook (https://www.facebook.com/legal/terms). The Company cannot control how its Users present the Content on Facebook or with whom they share it. The Company cannot therefore be responsible for any photo uploads, posts, comments, tags or links associated with the Content published by its Users on Facebook.

Similarly, Thunda.com cannot be responsible for its content being posted or shared to other services that it does not control.

Links to other websites

Our Services may contain links to other websites. The Company cannot be held responsible for the privacy standards of these other websites. Users need to be aware of this when they leave the Website and should review the Privacy Policies of these websites. This Privacy Policy

therefore applies strictly to the Content of and information gathered on Thunda.com.

User-Generated Content

Users are able to upload their own personal photographs to our Services. In so doing, Users certify that they have the right to distribute the content and / or photograph(s) being uploaded and that they are not contravening any copyright or any other person's privacy.

All User-Generated Content will be viewable by all users of our Services and due caution should be taken as to the suitability of the Content being uploaded. Users can report offensive content posted to abuse@thunda.com or flag the items for immediate deletion by clicking the flag beneath the Content.

Followers and Following

Thunda.com provides a facility via its Services for any User to follow any other Users. This enables any User to know the location of any other User at any point in time and so Users need to bear this in mind when utilizing our Services.

Ad-Serving

Thunda.com may serve advertisements via an instance of an OpenX AdServer or DFP for Small Business AdServer. Such advertisements may target Users based on their location, use of the site or User details. By utilizing our Services, Users provide Thunda.com with the right to target them with advertising in this or any other way.

Third-party Ad-Serving

Thunda.com Services may host advertisements delivered by third party advertisers that automatically capture a user's IP address via their adservers when an advertisement is served on a page that a User is browsing. These advertisers may also download cookies to a Users' computer and use other technologies including spotlight tags and JavaScript to track the delivery of their advertisements, their frequency and to personalise the content of their advertisements. In so doing these advertisers are able to track whether an advertisement has been viewed and clicked. The Company has no control over such third- party adserving, these cookies and tracking technologies. This Privacy Policy therefore only applies only to the use of Cookies by the Company.

Prizewinners

The names of prizewinners will appear on the Thunda.com Services and their names and contact details will be disclosed to Thunda.com clients only for the purpose of delivering prizes. Prizewinners agree to have their identity disclosed to Thunda.com and its clients and to have their names and likeness used by Thunda.com and its clients.

Foursquare

Our Services use the Foursquare® application programming interface but our Services are not endorsed or certified by Foursquare Labs, Inc.

By using our Services, your location data is collected and used by the Company and Foursquare Labs, Inc.

Your use of our Services is at your own risk and we have indemnified Foursquare Labs, Inc. against any liability that may arise from our use of the Foursquare® application programming interface.

All of the Foursquare® logos (including all badges) and trademarks displayed via our Services are the property of Foursquare Labs, Inc.

Facebook

We use various Facebook software including Facebook Login. By using our Services you agree to be bound by Facebook’s Terms of Use.

To see how Facebook uses your information you should view their Privacy Policy and Data Use Policy

Google

Thunda.com uses the Google Maps / Google Earth API. By using our Services you are agreeing to be bound by Google’s Terms of Use

To see how the Google Maps / Earth API users your information you should view their Privacy Policy

By accessing our Services You agree to be bound by Google’s Terms of Use

Google Analytics

The Company uses Google Analytics to gather data on Users’ interaction with our Services.

To find out more about what data the Google Analytics service gathers and how Google uses this data, please visit this page

Effective Measure

The Company is a member of the Online Publishers Association of South Africa. As a member we subscribe to the Effective Measure system to verify our Services User demographics and site traffic. Effective Measure, an independent measurement and research company, gathers data on your use of our Services using cookies, log file data and code that is embedded in our Services. To this end, Effective Measure may post a cookie on a User's computer to uniquely identify a User's computer and to track the frequency with which the User returns to the site, how long they spend on the site and other User data.

Terms of Service

Your use of our Services, and any disputes arising from it, are subject to this Privacy Policy as well as our Terms of Service and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law.

The Company reserves it's right to change its Privacy Policy and its Terms of Service at any time so please review them frequently.

Users are encouraged to address any further questions to info@thunda.com or to contact the Company via post :

Thunda Com (Pty) Ltd
PO Box 316
Sea Point, 8060