Privacy Policy

1. Introduction.

Syml Lyfe, LLC (“Syml Lyfe” or “we” or “our”) is the owner of the SYML LYFE ™ mobile application (the “Application”). The Application allows users to create an account in order to assist in the coordination, organization and time management of a child’s schedule and activities. The Application is designed to allow parents and/or legal guardians and/or authorized caregivers to share information about children, their schedules, calendar of activities and the addresses of various key locations of where the activities take place. Users may not provide any information about a child for whom they are not a biological parent and/or legal guardian and/or custodian. For the purposes of this Privacy Policy, “your child and/or children” shall mean any child and/or children for whom you are the legal custodian and/or guardian in the event that you are not the biological parent. “Child” shall be defined as anyone under the age of 18 or the age of majority if older than 18 in the territory in which you reside.

  1. Syml Lyfe respects the privacy of you, your child and/or children. This policy describes:
    1. The types of information we may collect or that you may provide when you download, install, access or use the Application.
    2. Our practices for collecting, using, maintaining, protecting and disclosing that information.
  2. This policy applies only to information we collect in the Application or by email or other electronic communications in connection with the Application.
  3. This policy DOES NOT apply to information that:
    1. We collect offline or on any other applications or Syml Lyfe websites, including any applications or websites you may access through the Application.
    2. You provide to, or is collected by, any third party.

Our website and other websites and applications offered by third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.



BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APPLICATION, YOU AGREE TO THIS PRIVACY POLICY AND OUR END USER LICENSE AGREEMENT. SYML LYFE MAY CHANGE THIS POLICY FROM TIME TO TIME. YOUR CONTINUED USE OF THE APPLICATION IMMEDIATELY AFTER WE INITIALLY POST A REVISED PRIVACY POLICY IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THIS PRIVACY POLICY YOU ACCESS OR USE THE APPLICATION.



THIS APPLICATION IS ONLY INTENDED FOR USE BY RESIDENTS OF THE UNITED STATES OF AMERICA (THE “U.S.”). BY INSTALLING, ACCESSING, DOWNLOADING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT: I) YOU ARE A U.S. RESIDENT; II) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR YOU ARE THE AGE OF MAJORITY IN YOUR TERRITORY OF RESIDENCE IF THAT AGE IS HIGHER THAN EIGHTEEN (18) YEARS OLD; (III) YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY; and (IV) YOU ARE THE CUSTODIAL PARENT, LEGAL GUARDIAN OR LEGAL CUSTODIAN FOR THE CHILD FOR WHOM YOU ARE USING AND/OR ACCESSING THIS APPLICATION

2. Children under the Age of 13.

Syml Lyfe will never knowingly request personally identifiable information or private content from anyone under the age of 13. In order to register and create an account, you must be 18 years of age or older. If you believe that that we have collected any information from an individual under the age of 13, please contact us at support@symllyfe.com. However, by the very nature and purpose of this Application, you will be entering into the Application, and making available to your designated account associates, information about children under the age of majority. While we endeavor to keep this information secure, we cannot guarantee security and by using this Application, you are choosing to make information about your children available.

  1. Accessing the Application.
    1. 3.1 The Application may only be accessed via the TestFlight Mobile Application and/or by downloading it from the Apple iTunes or Google Play platforms. ACCORDINGLY, YOU SHOULD REVIEW, READ AND ACCEPT TESTFLIGHT’S, APPLE’S AND/OR GOOGLE’S PRIVACY POLICY AND TERMS OF USE. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES AND PRACTICES AND/OR TERMS OF USE OF EITHER APPLE OR GOOGLE, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THEIR RESPECTIVE PRIVACY PRACTICES OR POLICIES OR TERMS OF USE, AND YOU SHOULD REVIEW, READ AND ACCEPT THESE TERMS AND POLICIES WHEN YOU ARE USING OUR APPLICATION.
  2. How We Collect Information.
    1. 4.1 We collect information from and about users of our Application that is relevant for the purposes for which it is to be used, to the extent reasonably necessary for legitimate business purposes, and in accordance with this Privacy Policy. We collect information:
      1. 4.1.1 Directly from you when you provide it to us.
      2. 4.1.2 Automatically when you use the Application.
  3. Personal Information You Provide to Us.

We collect certain personal information that you provide to us about you, your child and/or children, and other third parties including family members and/or authorized caregivers (collectively “Personal Information”). Except for information you provide about your child and/or children, you shall not submit any information about other individuals unless you are expressly authorized to do so.

WHEN YOU POST ANY CONTENT AND/OR SUBMIT ANY PERSONAL INFORMATION IN CONNECTION WITH THE APPLICATION ABOUT OTHER INDIVIDUALS OTHER THAN YOUR CHILD AND/OR CHILDREN, YOU THEREBY AGREE, REPRESENT AND WARRANT TO US IN EACH INSTANCE THAT YOU HAVE OBTAINED CONSENT FROM EACH SUCH INDIVIDUAL AND ANY APPROPRIATE THIRD PARTIES (WHERE NECESSARY) TO THE SUBMISSION OF SUCH CONTENT.

    Some information you provide may be “sensitive information”. For example, we collect:
  1. Usernames, passwords, first and last names, postal addresses, e-mail addresses and/or phone numbers when you download or use the Application.
  2. SENSITIVE INFORMATION, such as photographs, comments, content and other materials that you post and/or submit to the Application, including information about your child and/or children including their names, mobile numbers, email addresses, information about allergies, instructions regarding childcare and/or information regarding their location (collectively, “User Content”).

SPECIAL NOTICE AS TO USER CONTENT:

Any User Content that you post to the Application is not protected by this Privacy Policy, and may be shared with other Application users, unless you elect to have a private profile and/or elect to make your account private. Accordingly, you agree that you are posting such User Content at your own risk, such that you should not post any User Content that you do not want shared with others, including those that are your designated account associates.

  1. SENSITIVE INFORMATION, such as precise geo-location.
  2. IF YOU DO NOT WANT US TO COLLECT THIS INFORMATION DO NOT INSTALL, DOWNLOAD, ACCESS OR USE THE APPLICATION OR DELETE IT FROM YOUR DEVICE.

Automatic Collection of Non-Personal Information.

We may collect certain non-personal information from you, such as:

When you install, download, access or use the Application, we may use technology to automatically collect:

Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including performance data. Device Information. We may collect information about your mobile device, including the device’s unique device identifier, operating system, and the mobile network information. NOTE: Some jurisdictions classify this information as “Personal Information”.

IF YOU DO NOT WANT US TO COLLECT THIS INFORMATION DO NOT INSTALL, DOWNLOAD, ACCESS OR USE THE APPLICATION OR DELETE IT FROM YOUR DEVICE.

Information Collection Technologies.

When you download, access, and use the Application, it may use technology to automatically collect:

Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Application. Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

Stored Information and Files. The Application also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, calendars and address book information.

Location Information. This Application may collect real-time information about the location of your device.

The technologies we use for automatic information collection may also include third party metrics and analytics tools. We use the third party metrics and analytics tools listed below that track, collect and analyze non-personal information about you and/or your mobile device in connection with the Application. YOU ACKNOWLEDGE AND AGREE THAT THE THIRD-PARTY METRICS AND ANALYTICS COMPANIES UTILIZED BY US MAY COMBINE THE INFORMATION COLLECTED WITH OTHER INFORMATION SUCH COMPANIES HAVE INDEPENDENTLY COLLECTED FROM OTHER SERVICES OR PRODUCTS RELATING TO YOUR ACTIVITIES. THESE COMPANIES COLLECT AND USE INFORMATION UNDER THEIR OWN TERMS OF USE AND PRIVACY POLICIES WHICH SYML LYFE IS NOT RESPONSIBLE FOR AND WHICH YOU SHOULD CAREFULLY REVIEW.

The Application as well third party metrics and analytics tools listed herein may utilize:

Cookies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access or use certain parts of our Application.

IF YOU DO NOT WANT US TO COLLECT THIS INFORMATION DO NOT INSTALL, DOWNLOAD, ACCESS OR USE THE APPLICATION OR DELETE IT FROM YOUR DEVICE.

California Do Not Track Disclosures.

We do not track Application users to provide targeted advertising, and therefore, we do not respond to Do Not Track (or DNT) signals.

Third-party Information Collection.

When you use the Application or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Your mobile device manufacturer.

Your mobile device service provider.

The number of times you open the Application.

These third parties may use tracking technologies to collect information about our Application users. The information they collect may be associated with the Personal Information that you provide or they may collect information about your online activities over time and across different websites, applications and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the link to the Section herein entitled, "YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION."

How We Use Your Information.

We use information that we collect about you or the Personal Information that you provide to Syml Lyfe, for example, to:

Provide you and other Application users with the Application, its features and its contents, and any other information that you request from us.

Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

Notify you when Application updates are available, of changes to any services we offer or provide through it, and/or changes to this Privacy Policy.

The usage information arising from the non-personal information we collect helps us to improve our Application and to deliver a better and more personalized experience by enabling us, for example, to:

Estimate usage patterns and performance of our Application. Track and attend to any crashes happening on the Application.

Disclosure of Your Information.

We may disclose aggregated information about our users and information that does not identify any individual or device without restriction.

In addition, we may disclose Personal Information that we collect or you provide:

To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

MAILGUN We use a Mailgun® application programming interface (API) software for the sending, receiving and storage of email and other online messaging and therefore provide them with the personal data required for this purpose. While we share with Mailgun® no more information than what is necessary to enable them to provide the services to us, Mailgun® collects and uses information under its own Terms of Use and Privacy Policy, which, to the fullest extent allowed by law, Syml Lyfe is not responsible for and which you should carefully review. Any information that you provide to Mailgun® independently is also subject to its respective Privacy Policy and practices.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Syml Lyfe’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Syml Lyfe is among the assets transferred.

For any other purpose disclosed by us when you provide the information.

With your consent.

To comply with any court order, law or legal process, including to respond to any government or regulatory request.

To enforce our rights arising from any contracts entered into between you and us, including the End User License Agreement with respect to the Application.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Syml Lyfe, users of the Application or others.

Your Choices about Our Collection, Use and Disclosure of Your Information.

We strive to provide you with choices regarding the Personal Information you provide to us or the non-personal information we collect. This section describes mechanisms we provide for you to control certain uses and disclosures of over the information you provide.

You can choose whether or not to allow the collection of information through tracking technologies only by deleting the Application from your device. Also, you should note the additional opt-out methods from any third party metrics and analytics tools identified herein by reviewing their end user license agreements and privacy policies.

You may disable or refuse or block the use of these certain tracking technologies through your device, although, some parts of the Application may then be inaccessible or not function properly.

You can choose whether or not to allow the Application to collect and use your geo-location information through the device's privacy settings, or by deleting the Application from your device. If you block the access to your geo-location information, some parts of the Application may then be inaccessible or not function properly.

You can also always opt-out by logging into the Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to support@symllyfe.com.

Accessing and Correcting Personal Information.

You can review and change the Personal Information you provide by logging into the Application and visiting your account profile page. You may also send us an e-mail at support@symllyfe.com to request access to, correct or delete any Personal Information that you have provided to us. PLEASE NOTE: We cannot delete Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Note, that if you delete information and data that you provided in the Application, copies of such information and data may remain viewable in cached and archived pages.

Third Party Host.

As of the date of this Agreement, the Application is hosted by Amazon Web Services. ACCORDINGLY, YOU SHOULD REVIEW, READ AND ACCEPT AMAZON WEB SERVICES’ PRIVACY POLICIES AND TERMS OF USE AS IT MAY HAVE ACCESS TO THE PERSONAL INFORMATION YOU POST TO OR IN CONNECTION WITH THE APPLICATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES AND PRACTICES AND/OR TERMS OF USE OF AMAZON WEB SERVICES OR ANY REPLACEMENT HOST, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THEIR RESPECTIVE PRIVACY PRACTICES OR POLICIES OR TERMS OF USE, AND YOU SHOULD REVIEW, READ AND ACCEPT THESE TERMS AND POLICIES WHEN YOU ARE USING OUR APPLICATION.

If we change our hosting company at a future date, we will notify you either in the manner provided herein, or by a posting on our Application. You should then review, read and accept the new host’s privacy policy and terms of use.

Your California Privacy Rights.

California Civil Code Section 1798.83 permits users of our Application that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. Syml Lyfe does not disclose Personal Information to third parties for direct marketing purposes.

17. NOT INTENDED FOR USE OUTSIDE OF THE UNITED STATES. DO NOT INSTALL THIS APPLICATION ON YOUR DEVICE IF YOU ARE NOT LOCATED IN THE UNITED STATES.

Syml Lyfe’s Application and services are hosted and are strictly meant to be used within the United States. We are not marketing this Application to persons outside the United States, nor do we want to receive ANY information about any person outside the United States. If you are accessing the Application from outside of the United States, you are transferring personal data into the United States at your own risk when you use our services.

Data Security.

We have implemented measures reasonably designed to secure the Personal Information your provide from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety of Personal Information also depends on you. You are responsible for keeping your log-in and profile information confidential. We ask you not to share such information with anyone.

UNFORTUNATELY, THE TRANSMISSION OF INFORMATION VIA THE INTERNET AND MOBILE PLATFORMS IS NOT COMPLETELY SECURE. ALTHOUGH WE USE REASONABLE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF YOUR PERSONAL INFORMATION TRANSMITTED THROUGH OR INPUTTED INTO THE APPLICATION. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES WE PROVIDE.

Changes to Our Privacy Policy.

We may update our Privacy Policy from time to time. If we make changes to how we treat Personal Information, we will post the new Privacy Policy after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for visiting this Privacy Policy to check for any changes each time you access or use the Application.

We Retain Personal Information.

Syml Lyfe may retain the Personal Information on its servers that an Application user provides to us through the Application. For this reason, if you wish for us to delete any Personal Information that you have provided through the Application, you should be sure to follow the Opt-Out and Termination procedures set forth below.

Opt-Out; Termination

At any time if you no longer wish to use the Application and services offered thereunder, you should remove our Application from your mobile and/or other device. If an Application user wishes to have us delete or destroy any Personal Information that he or she sends to us, please email us at support@symllyfe.com or write to us at Syml Lyfe, LLC, 46 Spring Garden Drive Madison, NJ 07940. If an Application user makes this election, all the user’s data will be removed from our servers permanently.

Governing Law; Jurisdiction and Waiver of Jury Trial

By accessing the Application, you agree that all disputes and claims with respect to privacy are subject to this Privacy Policy and the End User License Agreement of the Application. Any dispute arising out of or relating to this Privacy Policy or the privacy of an Application user’s information, including without limitation tort claims, shall be interpreted, construed and enforced in all respects in accordance with the United States federal laws with respect to intellectual property rights, and with respect to all other claims, with the laws of the State of New Jersey without regard to principles of conflict of laws. Any such dispute shall be adjudicated in the federal and state courts in New Jersey, and you consent to exclusive jurisdiction and venue in such courts and waive any and all rights to claim inconvenient forum or immunity. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A TRIAL BY JURY.

General

This Privacy Policy and the End User License Agreement for the Application constitute the entire agreement between you and Syml Lyfe regarding the Application, the use of the Application and the Application content. This Privacy Policy is binding upon the Application user and his/her heirs, legal representatives and assigns. If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Syml Lyfe’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Contact Information

To ask questions or comments about this privacy policy and our privacy practices, please email us at support@symllyfe.com or write to us at Syml Lyfe, LLC, 46 Spring Garden Drive Madison, NJ 07940.