EULA and Privacy Policy
PHENOM LLC APP ONLINE PRIVACY POLICY AGREEMENT
PHENOM LLC values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our mobile application or website, and make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with PHENOM LLC of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to PHENOM LLC, and it governs all data collection and usage by us. Through the use of the PHENOM app, you are therefore consenting to the data collection procedures expressed in this Policy.
Please note that this Policy does not govern the collection and use of information by companies that PHENOM LLC does not control, nor by individuals not employed or managed by us. If you visit a website or mobile application that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following:
1. What personally identifiable information is collected from you through our PHENOM mobile application;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect against the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This PHENOM app collects various types of information, such as:
• Information is automatically collected when visiting using the PHENOM app, which may include cookies, third-party tracking technologies, and server logs.
In addition, PHENOM LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
PHENOM LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
To better capture and record accurate information about Unexplained Phenomena.
To better understand your needs and provide you with the services you have requested;
To fulfill our legitimate interest in improving our services and products;
To send you promotional emails containing information we think you may like when we
have your consent to do so;
To contact you to fill out surveys or participate in other types of market research, when
we have your consent to do so;
To customize our PHENOM mobile app according to your online behavior and personal
preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
PHENOM LLC may collect and may make use of personal information to assist in the operation of our PHENOM Mobile application and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from the PHENOM Mobile Application.
PHENOM LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
PHENOM LLC uses various third-party social media features including but not limited to Facebook, Instagram, YouTube, Twitter, and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within PHENOM LLC's control.
Disclosure of Information
PHENOM LLC may not use or disclose the information provided by you except under the following circumstances:
as necessary to provide services or products you have ordered;
in other ways described in this Policy or to which you have otherwise consented;
in the aggregate with other information in such a way so that your identity cannot
reasonably be determined;
as required by law, or in response to a subpoena or search warrant;
to outside auditors who have agreed to keep the information confidential;
as necessary to enforce the Terms of Service;
as necessary to maintain, safeguard and preserve all the rights and property.
Non-Marketing Purposes
PHENOM LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in PHENOM LLC's products and services). In certain circumstances, we may use our website, newspapers, mobile application or other public means to post a notice.
Children under the age of 13
PHENOM LLC's website and Phenom mobile application is not directed to and does not knowingly collect personally identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this mobile application.
Unsubscribe or Opt-Out
All users and visitors using our PHENOM Mobile Application have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our mobile application, please send an email that you wish to unsubscribe. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt out. PHENOM LLC will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites and Mobile applications
Our PHENOM mobile application does contain links to affiliates and other websites. PHENOM LLC does not claim nor accept responsibility for any privacy policies, practices, and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our mobile application and to read the privacy statements of every website or other mobile application that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our mobile application.
Notice to European Union Users
PHENOM LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield. By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Security
PHENOM LLC takes precautions to protect your information. When you submit sensitive information via the mobile application, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "HTTPS" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user's personal information under our control.
Acceptance of Terms
By using our mobile application, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our Phenom mobile application following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website or PHENOM Mobile application, please feel free to contact us at the following email, telephone number, or mailing address.
Email: Phenomenation7@gmail.com Mailing Address:
PHENOM LLC,
C/O 14901 Bogle Dr, Suite 300 Chantilly, VA 20151, USA
GDPR Disclosure:
If you answered "yes" to the question Does your Mobile application comply with the General Data Protection Regulation ("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, to be fully compliant with GDPR regulations your company must fulfill other requirements such as (i) doing an assessment of data processing activities to improve security; (ii) having a data processing agreement with any third- party vendors; (iii) appointing a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your mobile application is not directed at children under the age of 13 and does not knowingly collect personally identifiable information from them or allow others to do the same through your site. If this is not true for your Mobile application or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines to avoid violations that could lead to law enforcement actions, including civil penalties.
To be fully compliant with COPPA, your website or online service must fulfill other requirements such as:
(i) posting a privacy policy that describes not only your practices but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;
(ii) include a prominent link to your privacy policy anywhere you collect personal information from children;
(iii) include a description of parental rights (e.g.) that you won't require a child to disclose more information than is reasonably necessary, that they can review their child's personal information, direct you to delete it, and refuse to allow any further collection or use of the child's information, and the procedures to exercise their rights);
(iv) give parents "direct notice" of your information practices before collecting information from their children; and (v) obtain the parents' "verifiable consent" before collecting, using, or disclosing personal information from a child.
For more information on the definition of these terms and how to make sure your website or mobile application online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection- rule-six-stepcompliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is, in fact, compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues.
PHENOM EULA
USA
PHENOM LLC. Terms of Service
(If you live in the United States)
Effective: March 1, 2021
Welcome!
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that
govern our relationship with you. Although we have tried our best to strip the legalese from the
Terms, there are places where these Terms may still read like a traditional contract. There’s a
good reason for that: These Terms do indeed form a legally binding contract between you
and PHENOM LLC. So please read them carefully.
By using Phenom, or any of our future products or services that link to these Terms (we refer to
these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with
them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A
LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN
THAT ARBITRATION CLAUSE, YOU AND PHENOM LLC. AGREE THAT DISPUTES
BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND
YOU AND PHENOM LLC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services. We may offer additional
Services with additional terms that may require you to be even older to use them. So please read
all terms carefully.
By using the Services, you state that:
• You can form a binding contract with PHENOM LLC.
• You are not a person who is barred from receiving the Services under the laws of the
United States or any other applicable jurisdiction—including, for example, that you do
not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or
face any other similar prohibition.
• You are not a convicted sex offender.
• You will comply with these Terms and all applicable local, state, national, and
international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are
authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of
the business or entity. If you are using the Services on behalf of an entity of the U.S.
Government, you agree to the Amendment to PHENOM LLC Terms of Service for U.S.
Government Users.
2. Rights We Grant You
PHENOM LLC. grants you a personal, worldwide, non-assignable, nonexclusive,
revocable, and non-sublicensable license to access and use the Services, based on a yearly
subscription. This license is for the sole purpose of letting you use and enjoy the Services’
benefits in a way that these Terms and our usage policies, such as our Community Guidelines,
allow.
Any software that we provide you may automatically be downloaded to install upgrades,
updates, or other new features. You may be able to adjust these automatic downloads through
your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you
reverse engineer or attempt to extract the source code of that software, unless laws prohibit these
restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you collect, upload, post, send, receive, and store content. When you do
that, you retain whatever ownership rights in that original content you had to begin with. But you
grant us a license to use that content. How broad that license is depends on which Services you
use and the settings you have selected.
Our Phenom submissions that are set to be viewable by everyone as well as your Team. For all
content you collect and submit to the Services including Team Content, you grant PHENOM
LLC. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host,
store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This
license is for the limited purpose of operating, developing, providing, promoting, and improving
the Services and researching and developing new ones.
Because Team Content is inherently public and chronicles matters of public interest, the license
you grant us for this content is broader. For Team Content, you grant PHENOM LLC., our
affiliates, and our business partners all of the same rights you grant for non-Public Content in the
previous paragraph, as well as a perpetual license to create derivative works from, promote,
exhibit, broadcast, syndicate, publicly perform, and publicly display Team Content in any form
and in any and all media or distribution methods (now known or later developed). To the extent
it’s necessary, when you appear in, create, upload, post, or send Public Content, you also
grant PHENOM LLC., our affiliates, and our business partners the unrestricted, worldwide,
perpetual right and license to use your name, likeness, and voice, including in connection with
commercial or sponsored content. This means, among other things, that you will not be entitled
to any compensation from PHENOM LLC., our affiliates, or our business partners if your name,
likeness, or voice is conveyed through the Services, either on the Phenom application or on one
of our business partner’s platforms.
For information about how to tailor who can watch your content, please take a look at
our Privacy Policy and Support Site.
While we’re not required to do so, we may access, review, screen, and delete your content at any
time and for any reason, including to provide and develop the Services or if we think your
content violates these Terms. You alone, though, remain responsible for the content you create,
upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for PHENOM LLC., letting you
access and use the Services, you agree that we, our affiliates, and our third-party partners may
place advertising on the Services. Because the Services contain content that you and other users
provide us, advertising may sometimes appear near your content.
With respect to your use of Phenom application, you grant PHENOM LLC., our affiliates, and
our business partners a worldwide, perpetual, royalty-free, sublicensable, and transferable license
to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit,
broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image,
voice, name, poses, or other personal characteristics (collectively, your “Likeness”) embodied in
future services, and (b) any materials you create using the PHENOM LLC Services, as well as
the right to create and use derivative works from those materials, in any and all media or
distribution methods (now known or later developed). This license is for the limited purpose of
operating, developing, providing, promoting, and improving the Services and researching and
developing new ones. This means, among other things, that you will not be entitled to any
compensation from PHENOM LLC., our affiliates, or our business partners if your name,
likeness, or voice is conveyed through or in connection with PHENOM, either on the PHENOM
applications or on one of our business partner’s platforms.
Should you develop or be deemed to have any rights in a PHENOM application not granted by
these Terms, you agree to irrevocably and unconditionally assign to PHENOM LLC, all of your
additional right, title, and interest, including all copyrights, in and to such PHENOM
applications.
We always love to hear from our users. But if you provide feedback or suggestions, just know
that we can use them without compensating you, and without any restriction or obligation to you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties.
Whether that content is posted publicly or sent privately, the content is the sole responsibility of
the person or organization that submitted it. Although PHENOM LLC. reserves the right to
review or remove all content that appears on the Services, we do not necessarily review all of it.
So we cannot—and do not—take responsibility for any content that others provide through the
Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the
Services put to bad uses. But because we do not review all content, we cannot guarantee that
content on the Services, or that our users’ use of our Services, will always conform to our Terms
or Guidelines.
5. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our
Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful
look because, by using our Services, you agree that PHENOM LLC. can collect, use, and share
your information consistent with that policy.
6. Respecting Other People’s Rights
PHENOM LLC. respects the rights of others. And so should you. You therefore may not use the
Services, or enable anyone else to use the Services, in a manner that:
• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or
other intellectual property right.
• bullies, harasses, or intimidates.
• defames.
• spams or solicits our users.
You must also respect PHENOM LLC.’s rights and adhere to the Brand Guidelines, any other
brand guidelines published by PHENOM LLC. You may not do any of the following (or enable
anyone else to do so):
• use branding, logos, icons, user interface elements, designs, photographs, videos, or any
other materials used in our Services, except as explicitly allowed by the Brand
Guidelines, or other brand guidelines published by PHENOM LLC.
• violate or infringe PHENOM LLC.’s copyrights, trademarks, or other intellectual
property rights.