Privacy Policy

OMGICU (“Company”) respects your privacy, is seriously committed to protecting the privacy of its users and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to your access to and/or use of the OMGICU Application (the “Application”) or your registration for or use of the Services (as defined in Company’s Terms and Conditions of Use Agreement (the “Terms of Use”). If you do not agree to abide by this Privacy Policy, please do not access or use the Application or register as a User of the Application or Services.

By submitting information to Company, either by using the Application or registering for or using the Services, you are accepting the practices described in this Privacy Policy and the Terms and Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use.

1. ACCESS TO AND USE OF THE APPLICATION AND THE SERVICES

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Application and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Application or Service.

2. COLLECTION OF PERSONAL INFORMATION

You acknowledge that Company may collect and process “personal information” (i.e. information that could be used to contact you, such as full name, postal address, user name and password, phone number or e-mail address) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as the date regarding the start and end and the extent of your usage of the Service and your personal interests and preferences), in connection with the Service. Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.

3. CHANGE OR UPDATE REGISTRATION DATA

You may request a change to or update the Registration Data you provide Company by changing your profile in the “Account” section of your personal page or by contacting Company via email support@omgicu.com (please include in the Subject line the words “Change in Registration Data”). It is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

4. USE OF PERSONAL INFORMATION

Company uses your personal information to identify you and, in some cases, to improve and customize the content you see on the Application. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

You agree that Company may use personal information about you to analyze Application usage, improve or customize Company’s Services, customize the Application’s content, and as otherwise set forth in this Privacy Policy. You also agree that Company may use your personal information to contact you. Unless you specifically opt out, you also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, mobile phone and/or SMS advertisements, administrative notices, product offerings, and communications relevant to your use of the Application or the Services. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

Any personal information or content that you voluntarily disclose online (on discussion boards, in SMS text messages and chat areas, etc.) becomes publicly available and can be collected and used by others. Your username (not your email address) may be displayed to other Users when you upload content or send messages through the Application. Any content that you submit to the Application may be redistributed through the Internet and other media channels, and may be viewed by the general public.

5. DISCLOSURE OF PERSONAL INFORMATION

Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from mobile telephone numbers or email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:

  • Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
  • External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Application or the Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, Company may provide some of your personal information to an external service provider offering such services. To prevent Company’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
  • Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company’s business, products and Services that Company provides to you and, therefore, Company may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:

  • you are or may be violating the Terms of Use, this Privacy Policy or any applicable Rules;
  • you are interfering with Company’s or a third party's rights or property;
  • you are violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation; and/or
  • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.

In addition, Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. However, Company shall use reasonable commercial and legal efforts to protect its users’ information and to maintain the privacy and anonymity of Users.

In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.

6. NEWSLETTERS, ETC.

Company maintains a strict “no-spam” policy. If you register for the Service, you may receive Company’s newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.

You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email, or if a third-party vendor provides Company’s newsletter, in accordance with the instructions provided by such third party. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here support@omgicu.com with the word “UNSUBSCRIBE” in the Subject line and you will be removed within seven (7) business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.

7. SECURITY

Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

8. LINKS TO THIRD PARTIES

The Application may include links to third party websites or mobile applications. Such links are not an endorsement by Company of those websites or mobile application and/or the products or services offered on those websites or mobile applications. Third party websites or mobile applications may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites or mobile applications. If you click on a link to a third party website or mobile application, Company encourages you to check the privacy policy of that website or mobile application, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any website or mobile application other than the Application. If you decide to access any third party links appearing on the Application, you do so at your own risk.

9. TRANSMISSIONS, SUBMISSIONS AND POSTINGS

Company welcomes the submission of comments, information and feedback regarding the Application and the Services. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.