S’more™ Privacy Policy

Effective Date: August 22, 2017

The S’more mobile application (the Application) is brought to you by Lab465, LLC (Lab465, we or us). The Application provides you with the opportunity to earn points which can be redeemed for various rewards. We have prepared this Privacy Policy to describe our practices regarding the information we collect, share and use through the Application and our website located at http://www.smoreapp.co/ (collectively, the Services).

Your use of the Application is also governed by the S’more Terms and Conditions (Terms and Conditions). Please consult the Terms and Conditions for detailed information about the Services. Capitalized terms not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms and Conditions.

This Privacy Policy does not apply to information that we (or our affiliates) may collect on any other websites or applications, including websites you may access through the Application, or any information that you provide to or that is collected by any third party.


Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we treat it in connection with the Application and the Services. If you do not agree with this Privacy Policy, you should not use or register with the Application, and instead you should un-install it.

  1. Information Collected Through the Application

  2. “Personal Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other information about you that is associated with or linked to any of the foregoing data. “Anonymous Information” means data that is not reasonably linked to your Personal Information or your device. Anonymous Information is created by manipulating or removing the reasonable link to personal identifiers or your device. We collect Personal Information and Anonymous Information through the Application, as described below. As used herein, the term “Information” means both Personal Information and Anonymous Information.

    1. Information You Provide to Us

      1. Account Information: We may collect information from you, such as your first and last name, gender, age, birth month and year, ethnicity, marital status, employment status, educational level, income, content interests, e-mail address, state of residence, zip code of residence, phone number and Application passwords when you create an account for the Application’s Services (Account).

      2. Redemption Information: When you make a Redemption Purchase through the Application, we may collect additional Personal Information required to complete the transaction, such as your name, e-mail and shipping information.

      3. Feedback Information: If you provide us feedback or contact us via e-mail through the Services, we will collect your name and email address, as well as any other content included in the e-mail, in order to send you a reply.

      4. Survey responses: If you engage in surveys on the Application, your survey responses will be collected by the Application. Survey questions may ask you for your Personal Information, and you should only provide your Personal Information if you are comfortable doing so. The privacy policies of the survey providers will be available through the Application for you to review.

      5. Survey Serving Technology: This app uses Pollfish SDK. Pollfish is an on-line survey platform, through which, anyone may conduct surveys. Pollfish collaborates with Developers of applications for smartphones in order to have access to users of such applications and address survey questionnaires to them. When a user connects to this app, a specific set of user’s device data (including Advertising ID which will may be processed by Pollfish only in strict compliance with google play policies- and/or other device data) and response meta-data (including information about the apps which the user has installed in his mobile phone) is automatically sent to Pollfish servers, in order for Pollfish to discern whether the user is eligible for a survey. For a full list of data received by Pollfish through this app, please read carefully Pollfish respondent terms located at https://www.pollfish.com/terms/respondent. These data will be associated with your answers to the questionnaires whenever Pollfish sents such questionnaires to eligible users. By downloading the application you accept this privacy policy document and you hereby give your consent for the processing by Pollfish of the aforementioned data. Furthermore, you are informed that you may disable Pollfish operation at any time by using the Pollfish “opt out section” available on Pollfish website . We once more invite you to check the respondent’s terms of use, if you wish to have more detailed view of the way Pollfish works.

      6. Tax Information: If the value of the points you redeem through the Application exceeds the amount which we are required to report to any taxing authority, we will collect your social security number or other tax identification number.

      7. We may also collect other Personal Information at other points in the Services that state that Personal Information is being collected, such as requests for your e-mail made through the Services.

    2. Information Collected via Technology

      1. To make the Services more useful to you, the Services use technology to automatically collect certain Information, including but not limited to:

        • Location: The Application will collect, transfer and use information about your device’s precise location to provide a more personalized and relevant experience, including precise location-relevant advertising delivered by third party partners. This includes GPS-based, Wifi-based and cell tower-based location information. You can opt out of the future collection, transfer and use of precise location information through device settings. See “Opting Out” below.

        • Usage details: The Services may automatically collect certain details of your access to and use of the Services, including traffic data, engagement with advertisements, the points you have accumulated, surveys answered, your Redemption Purchases, clickstream information (which is the recording of the parts of the screen or Application that you click on), search terms, content views and date and time of usage/visit.

        • Computer or device information: The Services may collect information about your computer or mobile device and internet connection, including the unique advertising identifier (Ad ID) of a device, IP address, operating system, mobile network information, network connection type (e.g., Wifi, cellular), a device’s telephone number, other device identifiers, and device model, manufacturer and type.

      2. Third party collection: When you use the Application, certain third parties may use automatic information collection technologies to collect information about your device and your behaviors on your device. “Third Parties” means third parties that are not Lab465, which may include: advertisers, ad networks, survey providers, ad servers and analytics companies. Through the Application, these Third Parties may collect Information, such as your device type, operating system, device’s Ad ID, IP address and other device identifiers, browser type, your usage of the Application, cookie information, and your engagement with advertisements (e.g., which ads were served, viewed, clicked on and whether you visited an advertiser’s website or purchased a product or service advertised). We may also share other Information with these Third Parties, such as technical device information including your operating system and whether you connect through WIFI or a network, and profile information about you stored in your Account including your age, gender, precise location and your device’s Ad ID. All of this Information is shared in order to provide you with interest-based (behavioral) advertising and other relevant content on the Application. These Third Parties are not bound by this Privacy Policy and may use the Information for any lawful purposes. These Third Parties may also collect other information about you (including Personal Information) outside of the Application, such as your online activities over time and across different websites and applications. Lab465 is not responsible or liable for the information collected directly by the Third Parties or their privacy policies or practices. See “About Our Ads” below.

      3. You may connect to other services you use through the Application, such as social networking sites. If you connect your Account with a third party service (including logging in to the Application through Facebook), we collect information through that service. This information varies depending on the service and your privacy settings there, but may include your profile information on that service, your e-mail address, your contacts on that service and your content on that other service.

  3. How Information Collected Through the Application Is Used

    1. General Use

    2. In general, Information you submit to us or that is collected by us in connection with the Application or the Services is used either to respond to requests that you make, or to aid us in serving you better. We may use your Information in the following ways:

      1. (i)To provide you with the Application and the Services, including fulfilling Redemption Purchases.

      2. Fulfill any other purpose for which you provide it

      3. To direct certain advertisements and content to you so that you are more likely to see advertisements and content that are relevant to you (see “About Our Ads” below).

      4. To facilitate the creation of and secure your Account on the Application, and recognize you when you use the Application.

      5. To notify you when Application updates are available, and of changes to the Application or Services.

      6. To send offers and promotional materials related to the Services and for other marketing purposes.

      7. To share it with our affiliates, including to allow our affiliates to market their products and services to you.

      8. To analyze use of the Application.

      9. To monitor the Application and the Services for fraud, abuse or violations of the S’more Terms and Conditions.

      10. To improve the Application and deliver a better and more personalized experience through the Application.

    3. Creation of Anonymous Information

    4. We reserve the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion. We may create Anonymous Information records from Personal Information by removing or manipulating information that makes the data personally identifiable to you. We use Anonymous Information to analyze usage patterns of the Application and to enhance the content of Services and improve the Application.

  4. How Information Collected Through the Application is Shared

  5. We may disclose your Information as described below and as described elsewhere in this Privacy Policy.

    1. Third Party Service Providers

    2. We may share your Information with third party service providers who help support the Application, the Services or our business.

    3. Interest-Based Advertising.

    4. We may share your Information with third parties in order to direct certain advertisements and content to you so that you are more likely to see advertisements and content that are relevant to you. See also “About Our Ads” below.

    5. With Consent

    6. We share your Information for any other purpose disclosed by us at the time you provide the Information.

    7. Affiliates and Acquisitions

    8. We may share your Information with our affiliates, in which case we will require our affiliates to honor this Privacy Policy. We may also share your Information if we undergo a merger or sale transaction.

    9. Anonymous Information

    10. We may disclose Anonymous Information without restriction.

    11. Other Disclosures

    12. Regardless of any choices you make regarding your Personal Information, we may disclose Personal Information if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, court orders, warrants served on us or legal process, including responding to any government or regulatory request; (c) to protect or defend our rights or our property or the users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Terms and Conditions.

  6. Third Party Websites and Applications

  7. When you click on a link or otherwise leave the Services and go to another site, another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links or swipe left to connect to such outside websites.

  8. About Our Ads

  9. The Application uses common tracking tools, like cookies and beacons. See “Use of Cookies and Other Technology” below. These technologies allow the Application to feature advertisements and content that are relevant to you and usually are presented by our partner advertisers or advertising networks. These ads and content are presented based on your actions on the Application as well as your other online activities. This is called interest-based or behavioral advertising – advertising that uses information collected on an individual’s web browsing or mobile application behavior (including your engagement with advertisements and the Application) in order to target advertising or content to the user based on this behavior. This information is then used to select which advertisements or content are displayed to you on the Application.

    If Personal Information is voluntarily provided by you and collected in the Application via an advertisement, that Personal Information is collected and used solely by us or the relevant advertiser, not any network that served the advertisement to the Application.

    Lab465 adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA Self-Regulatory Principles).

    You have a choice about receiving interest-based ads and content. See “Opting Out” below.

  10. Opting Out

  11. We understand that, at a future date, you may no longer want to have your Information collected and used to receive interest-based ads or content on the Application or to have your device’s precise location data collected. If you do not agree to this collection, transfer and use, you may disable location-based services in your device settings. Use of precise location is not required for the Application. However failure to provide it will limit relevant content and functionality of the Application.

    The DAA offers AppChoices, a separate choice tool for users to exercise control over the collection and use of data across and through mobile applications for interest-based advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s AppChoices application on your mobile device. Visit here for more information on DAA’s AppChoices tool at http://youradchoices.com/appchoices.    

    Nevertheless, without this information, we won’t be able to provide you with enough interesting or relevant content on the Application, which means you will not have a meaningful opportunity to earn points. Therefore, in order to “opt out” of allowing the future collection, use and transfer of your behavioral information or the device’s precise location information, you must stop using and un-install the Application from your mobile device.

    You may find this same information on the “Opting Out” tab in About S’more section of the Application

  12. Accessing and Updating Your Information

  13. You can view and change the information in your Account by editing it, or by sending as an e-mail to support@smoreapp.co. You may request deletion of your Personal Information by us at support@smoreapp.co, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Also, it is important to note that system recorded Personal Information is not editable. When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your Information for fraud prevention or similar purposes.

  14. Security of Personal Information

  15. We take reasonable security safeguards to protect against such risks as loss or unauthorized access, destruction, use, modification, or disclosure of Personal Information.

    You should not provide your Account information to unauthorized parties. You are encouraged to protect your mobile device, computer, and passwords against unauthorized access. When accessing information online, you should sign off when finished using a shared computer and always log out of any website after viewing Personal Information.

  16. Communication Preferences

  17. We may send you e-mails to promote the use of the Services. When you receive those e-mails, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, by terminating your Account or by contacting us directly at support@smoreapp.co.

    Push Notification.  Certain Services may give you the option to receive push notifications. In order to serve push notifications, we may need to collect both your IP address and a persistent identifier from your device. You can turn push notifications on or off by modifying the settings within the applicable Service, or within your device’s settings.

    These choices do not apply to the display of online advertising or the receipt of mandatory service communications that are considered part of the Services, which you may receive periodically unless you close your Account.

  18. Location Best Practices

  19. Lab465 abides by the International Association for the Wireless Telecommunications Industry (CTIA) Best Practices and Guidelines for Location Based Services which can be found on the CTIA’s website at http://www.ctia.org.

    Lab465 uses a variety of commercially reasonable and appropriate safeguards to protect precise location information residing on its systems from unauthorized access or disclosure including, without limitation, server firewalls and physical facility security. We retain this location information only so long as needed to provide and support location-based services or our mobile applications, or as required by law. Should we retain location information for a longer period, we shall do so only for business purposes and may convert such location information into aggregated or de-identifiable data. No security is perfect, however, and Lab465 cannot guarantee the security of GPS or precise your location information derived from your device settings.

    Lab465 does not guaranty the accuracy or completeness of location information delivered through the Application, and any location-based service or may be disrupted or fail due to environmental factors and factors affecting satellite usage.

  20. Children Under the Age of 13

  21. The Application is not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any Personal Information from or about a child under 13, please contact us at support@smoreapp.co.

  22. Use of Cookies and Other Technologies

  23. We may use technologies, such as cookies, advertising identifiers (such as the Android Advertising ID) and web beacons, to collect, store and read Information as described in Section 1(b) of this Privacy Policy on your computer or device when using the Services. Cookies are small chunks of data created by a web server, delivered through a web browser, and stored on your computer or device. They provide a means for mobile applications or websites that you use or visit to keep track of your usage patterns and preferences, as well as to identify you as a return visitor. Cookies make the personalization of your mobile application and web experiences possible, so that you do not need to re-enter information from scratch upon each visit. Web beacons consist of a small string of software code on your browser that works with cookies to monitor usage and can be used to personalize advertising.

    Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences.

    Please note that if you choose to block cookies, doing so may impact the Services or prevent certain elements of the Services from functioning.

  24. Do Not Track

  25. You should be aware that your browser may have settings for Do Not Track. Lab465 does not honor Do No Track signals from browsers. As a company that follows the DAA Self-Regulatory Principles, we support the position taken by the DAA that many browsers’ default settings are set by their manufacturers and, therefore, do not represent the preferences of consumers. However you may exercise your preferences as described in this Privacy Policy, including through the use of your device settings, blocking cookies and taking advantage of the DAA’s AppChoices tool at http://youradchoices.com/appchoices.

  26. Processing Outside of the United States

  27. We, our service providers and others with whom we share your Information may store, transfer or use your Information as described in this Privacy Policy outside of the United States. When using the Application, you authorize us to use your Information in, and as a result to transfer it to and store it in, the United States and any other country where we and our service providers operate. Privacy and data protection laws in some of these countries may vary from the laws in the United States.

  28. Changes to This Privacy Policy

  29. We may occasionally update this Privacy Policy. When we post changes to this Privacy Policy, we will revise the effective date at the top of this Privacy Policy. If there are material changes to this Privacy Policy, we will notify you by prominently posting a notice of such changes 30 days prior to implementing the change and we may make reasonable attempts to notify you directly. We encourage you to review this Privacy Policy to be kept informed about our privacy practices for the Services. Continued use of the Services, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  30. California Privacy Rights

  31. California Civil Code Section 1798.83 permits the users of the Application who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

    If you are a California resident and would like to make such a request, please submit your request in writing to Lab465 at the following address:

    Lab465, LLC
    Attn: Director, Privacy and Legal Counsel
    8410 W. Bryn Mawr Ave.
    Chicago, IL 60631-3486

  32. Contacting Us

  33. If you are a California resident and would like to make such a request, please submit your request in writing to Lab465 at the following address:

    Lab465, LLC
    Attn: Director, Privacy and Legal Counsel
    8410 W. Bryn Mawr Ave.
    Chicago, IL 60631-3486