3. INFORMATION FOR LIFEPAK CREATORS

3.1  LifePak Ownership

LifePaks that you develop are your property. You retain ownership of all of your intellectual property rights in your LifePak Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

In addition, LifePaks display content provided by others that is not owned by LifeData. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own LifePak Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. LifeData is not responsible for any actions you take with respect to your LifePak Content, including sharing it publicly.

Limited License to Your LifePak Content. You grant LifeData a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by LifeData’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that LifeData no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide LifeData with feedback about the Services, we may use your feedback without any obligation to you.

Other IP Claims. If you believe a LifeData user is infringing upon your intellectual property rights, you may report it through an online support ticket.

LifeData IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use LifeData’s trademarks or other brand elements.

You acknowledge that, in order to ensure compliance with legal obligations, LifeData may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, LifeData otherwise has no obligation to monitor or review any content submitted to the Services.

3.2  Account Management

You can:

• Update your account details. You can update your registration and other account information on your Profile page. Information is updated immediately.
• Download/backup your LifePak and response data. We provide you with the ability to export your EMA data in a variety of formats. This allows you to create your own backups or conduct offline data analysis.
• LifePak creators may cancel their account, or allow their subscription to lapse. Any data collected prior to account cancellation or subscription end date will be permanently deleted in 180 days. (Prior to that date, any data collected may be retrieved by writing to support@lifedatacorp.com.)
• LifePak creators may also contact LifeData directly with specific requests to delete personal data. Send requests to support@lifedatacorp.com.

You are responsible for your password and any other credentials used to access that account. You, and not LifeData, are responsible for any activity occurring in your account (other than activity that LifeData is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify LifeData immediately. Accounts may not be shared and may only be used by one individual per account.

Keep Your Details Accurate. LifeData occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, LifeData will not be liable for any failure to store, or for loss or corruption of, your Content.

Account Inactivity. LifeData may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

3.3  User Requirements

You must use the Services in compliance with, and only as permitted by, applicable law.

If you are an individual, you may only use the Service if you have the power to form a contract with LifeData. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with LifeData, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

• You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
• You may not circumvent or attempt to circumvent any limitations that LifeData imposes on your account (such as by opening up a new account to build and publish a LifePak that we have closed for a Terms violation).
• Unless authorized by LifeData in writing, you may not probe, scan, or test the vulnerability of any LifeData system or network.
• Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
• You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
• You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. LifeData will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to LifeData.
• You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
• Unless authorized by LifeData in writing, you may not resell or lease the Services.

3.4  What information does LifeData collect?

Information we collect directly from you:

• Registration information. You need a LifeData account before you can create LifePaks in the LifePak Builder & Management System. When you register for an account, we collect your username, password, email address, street address, phone number.  
• Billing information. If you make a payment to LifeData, we require you to provide your billing details, such as a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder.
• EMA data. We store your LifePak and EMA data (prompts and responses) for you.
• Other data you intentionally share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or participate in a LifeData contest.
• We safeguard your respondents’ email addresses. Rest assured, LifeData will not email your LifePak respondents except at your direction. We definitely don’t sell those email addresses to any third parties.

Information we collect about you from other sources:

• Usage data. We collect usage data about you whenever you interact with our services. Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
• Device data. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address.
• Referral data. If you arrive at a LifeData website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
• Information from third parties. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us. For example, you may have the option of registering and signing into LifeData with your Facebook account details. If you do this, the authentication of your logon details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your LifeData account to be linked to your Facebook account.
• Information from page tags. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

3.5 How does LifeData use the information we collect?

Generally, we use the information we collect from you in connection with providing our services to you and, on your behalf, to your LifePak respondents.

• This includes providing you with customer support, which requires us to access your information to assist you (such as with LifePak design and creation or technical troubleshooting).
• If you choose to link your LifeData account to a third party account (such as your Twitter or Facebook account), we may use the information you allow us to collect from those third parties to provide you with additional features, services, and personalized content.
• To manage our services. We internally use your information, including certain LifePak data, for the following limited purposes:
  
  • To monitor and improve our services and features. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. However, we do not use the non-public content of LifePaks (i.e. the content of prompts and responses that you have not publicly shared) for these purposes.
  • To assist the enforcement of our Terms of Use.
  • To prevent potentially illegal activities.
  • To screen for undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.
• To create new services, features or content (public data and metadata only). We may use public LifePak data and anonymized LifePak metadata (that is, data about the characteristics of a LifePak but not its non-public content), to create and provide new services, features or content. For example, we may look at statistics like response rates, prompt and answer word counts, and the average number of prompts in a LifePak and publish interesting observations about these for informational or marketing purposes. When we do this, neither individual LifePak creators nor LifePak respondents will be identified or identifiable unless we have obtained their permission.
• To facilitate account creation and the logon process. If you choose to link your LifeData account to a third party account (such as your Twitter or Facebook account), we use the information you allowed us to collect from those third parties to facilitate the account creation and login process.
• To contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You can’t opt out of these communications since they are required to provide our services to you.
• To contact you for marketing purposes.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

3.6  Sharing Your LifePaks

You are able to control who can download and engage with your LifePak by changing LifePak distribution settings. For example, LifePaks can be made publicly available within the RealLife Exp mobile app, Semi-private (you create and distribute a code which allows download within the RealLife Exp mobile app), or private by restricting access to people based on the email address Real Life Exp mobile app users have given us for their account.

3.7  With whom do we share or disclose your information?

We recognize that you have entrusted us with safeguarding the privacy of your information. Because that trust is very important to us, the only time we will disclose or share your personal information or LifePak data with a third party is when we have done one of three things, in accordance with applicable law: (a) given you notice, (b) obtained your express consent, such as through an opt-in checkbox; or (c) anonymized the information so that individuals cannot be identified by it. Where required by law, we will obtain your express consent prior to disclosing or sharing any personal information.

We may disclose:

1. Your information to our service providers. We use service providers who help us to provide you with our services. We give relevant persons working for some of these providers access to your information, but only to the extent necessary for them to perform their services for us. We also implement reasonable contractual and technical protections to ensure the confidentiality of your personal information and data is maintained, used only for the provision of their services to us. Examples of service providers include payment processors, email service providers, and web traffic analytics tools.
2. Your account details to your billing contact. If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (we also will usually attempt to notify you of such requests). By using our services and agreeing to this Terms of Use, you consent to this disclosure.
3. Aggregated information to third parties to improve or promote our services. No individuals can be identified or linked to any part of the information we share with third parties to improve or promote our services.
4. Your information if required or permitted by law. We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.
5. Your information if there’s a change in business ownership or structure. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between LifeData entities, you expressly consent to LifeData transferring your information to the new owner or successor entity so that we can continue providing our services.
6. Information you expressly consent to be shared. For example, we may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. (You may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly.)