We collect information from you when you subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site or via other products, as appropriate, you may be asked to enter your name or e-mail address. You may, however, visit our site and use other products anonymously.
We may collect the location of your device in order to provide location-based functionality, which you can opt out of at any time by turning off the location settings in your device. (To disable Location Services on Windows Phone open your device's "Settings" menu, go to "Location" and switch the "Location services" off.) Turning off the location settings may impact some aspects of the Services' performance. We do not associate the device's location with your personal information. We do not know who you are when you use the location-awareness component of our Services. We use this location information for research and development purposes and to improve your experience with the Services (for example, to set up location-based reminders.) We do not store the location of your device. Upon user's agreement we may collect names of individuals and companies that appear in your address book in order to improve voice recognition quality for requests related to this information. We do not collect any other information associated with these names such as addresses or phone numbers. Likewise, we may collect names from content on the device such as application names, artist names, titles and tags of the media files.
We collect information that you speak or type into a Colour Pop Up dialog box. We do not use the information we collect from you to identify you as an individual. Colour Pop Up never stores or keeps personally identifiable information on any user. We do collect personal information to improve the Services as described below.
What do we use your information for?Any of the information we collect from you may be used in one of the following ways:
- To improve customer service Your information helps us more effectively respond to the customer service requests and support needs
- To send periodic emails We may use your email address to ask for feedback or inform you of product news and opportunities. In any such communication we will always provide a method to opt out of future communications
- To personalize your experience Your information helps us to better respond to your individual needs
- To offer you better choices based on your geographical location E.g., when you ask Colour Pop Up Assistant to find a good dress or that footwear you were looking for, the Assistant needs to know where you are at the moment
- To provide, maintain, protect, and improve our services and develop new ones Your feedbacks always inspire us to improve our services
Do we use cookies?Yes. Cookies are small files that a website or its service provider transfers to your computer hard drive through the Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to understand and save your preferences for future visits and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Do we disclose any information to outside parties?We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing, as long as you give us your consent to transfer your personally identifiable information to outside parties and so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies, or protect ours or others rights, property, or safety. However, non-personally identifiable user information may be provided to other parties for marketing, advertising, or other uses. For example, when you ask Colour Pop Up Assistant to update your Facebook status, we provide Facebook with the information you gave us in order to fulfill your request. Information collected by the third-party applications provider is governed by their privacy policies.
Usage LicenseColour Pop Up hereby grants you a non-exclusive, non-transferable license to download, install, and use Colour Pop Up applications to access the Services on one mobile device according to these Terms and Conditions. You agree not to reproduce, redistribute, or use the Colour Pop Up applications by any means or for any purpose other than in accordance with these Terms and Conditions.
You agree that Colour Pop Up retains all rights, title, and interest in the Services, including all intellectual property rights related thereto. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by the Colour Pop Up applications.
Personal, Non-Commercial UseYou may use the Services only for your own personal, non-commercial use. Unless expressly authorized by Colour Pop Up in writing, you may not: - market, copy, distribute, resell, or otherwise offer the Colour Pop Up applications to any other individual or entity; - attempt to modify, reverse engineer or disassemble the Services, or make any other attempt to obtain source code from the Services; - use the Services in any way that may adversely affect Colour Pop Up or the ability of other users to use those services in any way; - communicate in any way the results of any product testing, competitive benchmarking or other product evaluation outside of your own organization; - use the Services for any other commercial or competitive reasons.
When encountering malfunctionsIf you experience a problem with the Colour Pop Up Services, please contact Colour Pop Up customer support (at support@colourpopup.com) so that we could try to resolve the problem. We will make every reasonable attempt to resolve any issues you may have with the Colour Pop Up Services. Although you should keep in mind that Colour Pop Up invokes a number of third-party applications that may be a source of the problem, in this case Colour Pop Up may have no power to resolve such problem.
Lawful PurposeYou may use the Services only for lawful purposes. You are responsible for compliance with all federal, state, and local law applicable to your use of the Services, whether you use it from the United States or any other country. Colour Pop Up's Services shall not be used to display, support, develop, supply or market the physical effects of violence (including, without limitation, blood, gore and organs) on humans or human-like characters, explicit sexual content, sex crimes, disparagement of ethnic or religious groups, racial epithets, profane language or hate speech.
Usage While DrivingUsage of the Colour Pop Up applications while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is discouraged. Usage of the Services that involves typing on or looking at the device while driving or performing any other potentially dangerous activity is prohibited. It may also be illegal in your area.
Not for Emergency UseYou acknowledge and agree that the Services are neither intended nor suitable for urgent emergency use, and that you will not use it for emergency purposes.
Voluntary Submissions to Colour Pop UpIf you are using Colour Pop Up Services on a platform with the ability to select a "Send Feedback" (or similar) option, you acknowledge that any submission that you make to us from
Colour Pop Up's "Send Feedback" feature becomes the property of Colour Pop Up, including all intellectual property rights therein. By using this feature, you agree to assign upon transmission to Colour Pop Up all rights, title and interest (including all intellectual property rights therein) in such submission, and Colour Pop Up may use such submission in any way and for any purpose. However, we will not use your name or any other personal information without obtaining your express permission in advance.
You agree not to submit any information or materials which would subject Colour Pop Up to any licenses or obligations if we were to use them. By sending us a submission, you are representing that you are the sole and rightful owner of the submission, and that to the best of your knowledge, no other third parties have any claim to your submission.
This section shall survive the termination of these Terms and Conditions as defined below.
Third Party applications and contentIn order to deliver the Services to you, Colour Pop Up invokes a number of third-party applications which were not developed by
Colour Pop Up, i.e. browser, email and SMS programs, dialer, calendar, and other applications. The Services send information that you speak to these applications but do not perform these functions. Colour Pop Up cannot take responsibility for any functionality, content, suitability, privacy, support or other attribute of those applications or the content they may request from or deliver to you. Your use of those applications, including when you access them via the Services, is governed by any license agreements you may have entered into with their respective vendors.
We cannot guarantee that web searches or other queries you submit via the Services to other applications will not result in displaying content or links to content that you may find objectionable, offensive, or otherwise inappropriate. Such content is not within our control.
Third party linksOccasionally, at our discretion, we may include or offer third party products or services through our website and other services. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
Fees, Costs, and Other ExpensesThe Services make use of a data network operated by the device manufacturer and/or your wireless service provider to send both data and recorded audio from your device to our servers, and to serve information back to you. Depending on your data plan, you may incur charges from the device manufacturer or your wireless service provider for use of their networks and/or for specific services such as making phone calls, sending or receiving text messages and/or emails, or other services.
You are solely responsible for any and all costs you incur as a result of your usage of the Services.
No WarrantiesThe Services are provided "as is", without any express or implied warranty or support. Colour Pop Up hereby disclaims all warranties, express or implied with respect to the Services, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. In addition, Colour Pop Up specifically disclaims any warranties as to secure performance, speech recognition accuracy, or reliability of the Services.
Colour Pop Up will use commercially reasonable efforts to respond to technical support requests. We make no claims as to response time, or whether a response will be offered. Speak it makes no representation as to the suitability of the Services for any purpose, and shall not be held liable in any way for any consequences or damages that may arise through its purchase, download or use.
You agree that you use the Services at your own discretion and risk, and that you are solely responsible for any and all harm and damages incurred through using the Services.