THESE TERMS OF SERVICE (âTERMSâ) ARE A LEGAL AGREEMENT BETWEEN YOU (âYOUâ OR âYOURâ) AND BLING FINANCIAL, INC. (âBLINGâ). BY DOWNLOADING, INSTALLING ANY BLING APPLICATION (THE âAPPLICATIONâ) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY BLING OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE âSERVICEâ) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with BLING. You may opt out of the binding individual arbitration and class action waiver as provided below. BLING reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at blingfi.com (this âSiteâ). Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that BLING may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to BLING, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.
BLING will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy (âPrivacy Policyâ) available within the Application and on the Site here. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to ourâŻcustomer service department at support@blingfi.com.
To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address, Facebook or Google account associated with Your Bling Account (the âBling Accountâ). At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items (including Bling Points) (each as defined below) accumulated through Your use of the Service. Â The Service is not targeted at children under the age of 13, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 18 years old.
You may use the Application anonymously, but in order to access and use the rest of the Service (including, but not limited to accumulating and redeeming Bling Points, Virtual Items and Rewards (as defined below)) and to post any User Content (as defined below), You must create an account with BLING. By creating an Account with BLING, You agree to the following rules to protect the security of Your Account:
You shall not share Bling Account login details (included login details of your Facebook or Google account), nor let anyone else access Your Bling Account (including your Facebook or Google account to the extent those are linked with your Bling Account) or do anything else that might jeopardize the security of Your Bling Account (or your Facebook or Google account to the extent those are linked to your Bling Account). BLING will not ask You to reveal Your Facebook, Google, or e-mail password and will not initiate contact with You asking for answers to Your Facebook or Google password security questions;
In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Bling Account, Facebook account, or Google account, or any email/password combination used by your Bling Account. You will immediately notify BLING and modify Your Facebook or Google login, to the extent they are linked to your Bling Account;
You are solely responsible for maintaining the confidentiality of Your Bling Account;
You are responsible for anything that happens on your Bling Account, whether or not such actions were taken by You. You therefore acknowledge that BLING may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms;
You undertake to monitor Your Bling Account to restrict use by minors, and You will deny access to anyone under the age of 18.
Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with BLINGâ Privacy Policy, which is herein incorporated by reference. You agree that You will supply accurate and complete information to us, and that You will update that information promptly after it changes.
To use the Service You must have a mobile device that is compatible with the Application.⯠BLING does not warrant that the Application will be compatible with your mobile device.⯠If you decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners. BLING hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You. You may only play on one device at a time. You may not have multiple accounts, even if you have multiple devices.âŻBLING also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. âŻUse of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. BLING can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. âŻYou may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.⯠You acknowledge that BLING may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that BLING has no obligation to do so.⯠You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades.⯠The foregoing license grant is not a sale of the Application or any copy thereof, and BLING and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application).⯠Standard carrier data charges may apply to Your use of the Application.
Your use of the Bling Applications may allow you to Virtual Items (âVirtual Itemsâ) such as Game Tickets, Raffle Tickets, and Bling Points, in various ways. You do not in fact âownâ the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of bitcoin or its equivalent. Rather, by âearningâ Virtual Items, You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. In the event BLING encounters issues with the game that impact the accumulation of Virtual Items, BLING reserves the right to correct any such errors. BLING prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by BLING in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without BLINGâ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. Â
You acknowledge and agree that BLING shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. BLING owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether âearnedâ in a game or âpurchasedâ from BLING.
You may accumulate points on our platform (âBling Pointsâ) by taking certain actions while using the Services. Bling Points have no monetary value.
For Android users: Bling Points are platform-wide loyalty points earned by taking certain actions, such as by playing games or âlikingâ certain aspects of the Service. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Bling Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game You play during Your use of the Services.
For iOS users: Bling Points are platform-wide rewards earned for certain outcomes, such as registering a Bling account or winning a game against an opponent.
If you elect to redeem Bling Points in your Bling Account for cryptocurrency, upon request through specific means and subject to minimum amounts and limitations set out in the Service, such cryptocurrency may be paid out to you by Bling (or a third party payment processor on our behalf). Upon submitting your request for payment, Bling may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable. If your request for payment is approved by Bling, information will be sent to our third party payment processor and such payment will be processed on behalf of Bling using their service. Currently, Bling requires you to use Coinbase to receive the cryptocurrency, and will not honor requests for redemption through any other means. You do not need to have a Coinbase account upon redemption, but will be required to create and validate a Coinbase account to claim your cryptocurrency within 30 days of the redemption request or as required by Coinbase. Coinbase will ask you for certain identification information for compliance reasons during the account creation process. Once we process a redemption request and send the cryptocurrency to the email address You provided, we will deduct the applicable number of Bling Points from your account. Redemption requests are irreversible. You are responsible for setting up your Coinbase account and keeping the account in good status to claim the cryptocurrency. Bling makes a best effort to process redemption requests, but does not ensure that such requests will be honored. To the extent our payment processor rejects the transaction, we will attempt to process the transaction for a few more days. If the payment processor continues to reject the transfer, we will discontinue redemption attempts and will expire your Bling points.Â
BLING is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Bling Points you redeem for cryptocurrency. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Bling points you redeem for cryptocurrency. Personal information that you submit during the payment process is subject to our Privacy Statement. You may only send one redemption request every seven (7) days.Â
You agree and accept responsibility for keeping all your BLING Account information current, including email address and Coinbase payout address. Bling reserves the right to change the number of Bling Points awarded, conversion rates, fees and charges associated with the Service at any time and from time to time without any notice to you or any other person or any liability. Bling Points have no cash or monetary value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
If You do not use your Account by playing a game on a Bling Application to completion at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by playing a game on a Bling Application to completion. When an Account has been deemed inactive, BLING may, at its own discretion, expire any Virtual Items, Bling Points, Game Tickets, or Raffle Tickets accumulated by You. Once Your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of BLING. YOU AGREE THAT BLING AND ITS PARTNERS AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM BLING.
Occasionally, we partner with third parties (âReward Partnersâ) to provide additional opportunities for You to earn Virtual Items. Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason.⯠Any such changes may affect Your ability to earn certain Virtual Items that You have accumulated through Your use of the Service. You hereby agree that BLING shall have no liability to You as a result of such action any Rewards Partner.
BLING may terminate or suspend Your Account (including, but not limited to, suspending your ability to earn and redeem Virtual Items) and/or Your access to Service (including, but not limited to, restricting your ability to use the Applications) at any time, including for breach of these Terms, registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, playing a game on multiple devices simultaneously, or otherwise, without notice. Upon any such termination, Your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and You will lose any Bling Points that you have accumulated. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. BLING is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.
You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, BLING or other users, and that You shall not act in bad faith in Your use of the Service. If BLING determines that You do act in bad faith in violation of these Terms, BLING may, at its sole discretion, make adjustments to the number of Bling Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, You specifically agree that You shall not:
Download the Application, create an Account or access or use any part of the Service if You are under the age of 18;
Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself or otherwise attempt to override or avoid any Bling Points or Virtual Items limits or restrictions established by BLING and/or any Rewards Partner;
Engage in any activities that circumvent advertisements, defraud Rewards Partners, or attempt in general to defraud Bling;
Play a game on multiple devices simultaneously;
Use the Service if You are located in a country embargoed by the United States or if You are on the U.S. Treasury Departmentâs list of Specially Designated Nationals;
Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
Access, tamper with, or use non-public areas of the Service, BLING computer systems, or the computer systems of our providers and partners;
Attempt to probe, scan, or test the vulnerability of any BLING system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BLING or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
Attempt to use the Service on or through any platform or service that is not authorized by BLING;
Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Items associated with Your Account to anyone without BLINGâ written permission;
Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without BLINGâ permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service;
Modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
Access or use the Service in order to build a similar or competitive product or service;
Remove or destroy any copyright notices or other proprietary markings contained in the Service;
Use the Service to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
Use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
Attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service, through password mining or any other means;
Use the Service to harvest or otherwise collect or store any information for purposes other than those designed and implemented by Bling;
Copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
Interfere with another User's use and enjoyment of the Service;
Impersonate any person or entity;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about Bling or the Service; or
Violate any applicable law or regulation;
Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
Encourage or enable any other individual or group to do any of the foregoing.
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, BLING and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:
Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without BLINGâ explicit, prior written permission;
Use, display, mirror or frame the Service, or any individual element within the Service;
Use the intellectual property of BLING, or any BLING licensor, to adapt, modify or create derivative works based on such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
Use or reproduce any BLING licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
The Service may contain links to third-party websites or resources that are not owned or controlled by BLING. You acknowledge and agree that BLING is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. BLING does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by BLING of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
You acknowledge and agree that BLING may update the Service with or without notifying You. BLING may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. BLING conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to BLING when the problem is encounteredâŻby emailing us at support@blingfi.com.
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED âAS ISâ, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BLING, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE âBLING PARTIESâ) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE BLING PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE BLING PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE BLING PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BLING PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE BLING PARTIESâ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE DOLLARS ($5). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLING AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
You agree to indemnify, save, and hold the BLING Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. BLING reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify BLING, and You agree to cooperate with BLINGâ defense of these claims. BLING will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
The following additional terms and conditions apply with respect to any application that BLING provides to you designed for use on an Apple iOS-powered mobile device (an âiOS Appâ):
You⯠acknowledge that these Terms are between you and BLING only, and not with Apple, Inc. (âAppleâ).
Your use of the iOS App must comply with Usage Rules set forth in Appleâs then-current App Store Terms of Service.
BLING, and not Apple, is solely responsible for our iOS App and the services and content available thereon.⯠You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.⯠To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that BLING, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that BLING, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a âterrorist supportingâ country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Appleâs subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App.⯠Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that BLING provides to you designed for use on an Android-powered mobile device (an âAndroid Appâ):
You acknowledge that these Terms are between you and BLING only, and not with Google, Inc. (âGoogleâ).
Your use of the Android App must comply with Googleâs then-current Google Play Terms of Service.
BLING, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof.⯠Google has no obligation or liability to you with respect to the Android App or these Terms.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Orange County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between BLING and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BLING and You regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without BLINGâ prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. BLING may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BLING (i) via email (in each case to the address that You provided) or (ii) by posting to the Service via this Site. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to BLING Legal Department, 440 N Barranca Ave #1433 Covina, CA 91723. Any notices that You provide without compliance with this section shall have no legal effect.
The failure of BLING to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BLING. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
WARNINGS: READ BEFORE PLAYING OR WATCHING
âPhoto-sensitivity / seizures warning
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these âphotosensitive epileptic seizuresâ while watching video games.
These seizures may have a variety of symptoms, including lightheadedness, altered vision, eyes or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness.
â
Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
Immediately stop playing and consult a doctor if you experience any of these symptoms. The risk of photosensitive epileptic seizures may be reduced by taking the following precautions: sit farther from the screen, use a smaller screen, play in a well-lit room, do not play when you are drowsy or fatigued.
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing.
Bling Financial, Inc. (âBlingfi.comâ) is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to the Bling Financial, Inc. owned websites (including Blingfi.com), Bling mobile applications available for download on a third party mobile store, any related components or services, and the content we make available through our platform (collectively referred to as the âPlatformâ). Â This Privacy Policy should be read in conjunction with our other legal agreements with you. Â Please review this Privacy Policy periodically as we may revise it from time to time. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Platform. If you use the Platform following a change to the terms of this Privacy Policy you agree to accept the revised policies
At Bling, we collect personally identifiable information (âPIIâ) that may be submitted, collected via your interactions with the Platform, or through the use of tracking technology including cookies. Â PII is either submitted or collected and is described as follows: Â
PII Submitted Â
You will not be required to provide us any information when you visit our Platform. Â Where you submit a request for us to contact you or you create an account we may collect PII such as your email and social media information provided by your login with third party platforms, including Facebook, Google, and Apple. Â If you log in to our websites or online services via a third party site, such as Facebook, that site may pass information to us, such as user ID, name associated with the ID, email address and location, plus other information as described in that website's privacy policy. Our Platform may also return information about you to that social networking site regarding your log in, such as which of our websites and apps you visit and use, and your use of social media services on those websites and apps. Where you submit information in this manner you consent that we may contact you via the PII provided. Â
PII Collected Â
Whenever you use our website or applications, we may collect automatically collect PII either from your interactions with the Platform or via tracking technologies (cookies and web beacons) which includes information such as your IP address , browsing history, registration history, interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, computer or device information, Internet service provider, and device or user unique identifiers.
We use your PII for the following purposes:
To provide any services offered and to operate Bling Platform.
To enhance or improve our usersâ experiences.
To to contact you via email or other electronic communications where you have an inquiry.
To notify you of additional Bling services and updates.
To share your information with third party partners for marketing and analytic purposes or third parties hired by us to perform functions and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.
If you have any questions or wish to review, remove, change, or access any of your information collected by us, please contact us at support@blingfi.com. Â Any requests to delete or modify information shall be subject to our right to retain such information for business or legal purposes.
We use cookies as stated within our Cookie Policy. Cookies must be enabled in your browser in order for our Platform to function properly. If you disable cookies from your web browser some portions of our Platform may not work. Â Our Cookie Policy is integrated into the Privacy Policy.
Although you are entering into an Agreement with Bling to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, marketers, customer service organizations, and others to allow you to access the Platform.
You agree that we may disclose your information to authorities if compelled to by a court order. Â Additionally, you agree that we may disclose your information if we reasonably believe that you have violated United Statesâ federal and state laws, the terms of any legal agreements you have with us or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. Â In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. Â We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Platform, or our Privacy Policy. Â You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. Â We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails where you have opted into such communications. Â However, you may unsubscribe from certain communications by notifying Bling that you no longer wish to receive these communications, we will endeavour to promptly remove you from our once we have received that request. Â We currently do not offer functionality for you to opt out through âdo not trackâ listings as no DNT standard has been adopted.
The Platform may have links to third party websites, which may include information that we have no control over. Â When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. We bear no responsibility for the information collected or used by any advertiser or third party website. You must review such third parties terms of use or privacy policy to understand how their information collection practices work.
We make reasonable attempts to protect your information by using physical and electronic safeguards such as data encryption, user authentication, password verification, and physical barriers. Â However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. Â For this reason, we recommend that you use anti-virus software, routine electronic security checks, firewalls, and other precautions to protect yourself from security and privacy threats.
Bling permits residents of the State of California to use its Platform, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at support@blingfi.com with any questions.
We intend to fully comply with American and international laws respecting childrenâs privacy including COPPA. Â Therefore, we do not collect or process any information for any persons under the age of 13. Â If you are under 13 and using our Platform, please stop immediately and do not submit any information to us. Â In the event that we have inadvertently collected any information from users under the age of 13, please contact us immediately.
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Â Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Â PII that is submitted to Bling will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that Bling may collect and use your PII and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.
In the event that Bling is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
We may amend this Privacy Policy from time to time. Â When we amend this Privacy Policy, we will modify the date listed or we may contact you. Â You must agree to the amendments as a condition of your continued use of our Platform. Â If you do not agree, you must immediately cease using our Platform.
We respect the rights of persons living within the European Economic Community (EEC) and the rights afforded to them under the General Data Protection Regulation (GDPR), the sections 16-22 are referred to as our Privacy Notice and address additional privileges that EEC users may have under our Privacy Policy. Â This Privacy Notice explains how we shall assist our users who live within the EEC.
Legal Rights
Your Rights Under the GDPR
The right to be informed
⯠Bling wishes to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your data.
The right to access
You have the right to access your information at any time.
The right to rectification
If the information Bling holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data.
The right to erasure
⯠Sometimes called âthe right to be forgottenâ. You have the right to request that Bling to erase all your PII.
The right to restrict processing
You have the right to ask Bling to restrict how we process your data. This means we are permitted to store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests.
The right to data portability
Bling must allow you to port and reuse your PII for your own purposes across different platforms. This right only applies to PII that you have provided to us as a data controller.
The right to object
You have the right to object to Bling processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice
The right to withdraw consent
⯠If you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and Bling must stop processing your data. Â
If you wish to exercise any of these rights or have questions about any of these rights please contact us at the information listed below.
For the purposes of this Privacy Notice âpersonal dataâ as defined under the GDPR shall mean PII as defined in this Privacy Policy. The following are the specific legitimate purposes that we may use your PII for:
Contract Administration - We may use your PII to (1) negotiate, execute, renew and/or manage a contract with you; and/or (2) communicate with you in respect of the above (including sending (legal) notifications). (Performance of Contract)
Access and Communications to Our Platform â (1) interact with you through our Platform; (2) communicate with you regarding updates or in response to inquiries; and/or (3) manage and respond to your questions or comments (e.g. technical, commercial or administrative) or requests for maintenance and support. Â (Legitimate Interest)
Use of the Platform - We may use your PII to (1) enable you to enjoy the use of, and easily navigate the Platform; (2) to understand how our Platform functions with you; and (3) to share with third parties we hire to maintain our Platform (Legitimate Interest)
Direct Marketing and Third Party Marketing - We may use your PII to contact you for additional products and services that you have expressed interest in. (Consent)
Training and Improvements - We may use your PII to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform. (Legitimate Interest)
Please be aware that all legitimate purposes will be taken with minimal amounts of additional processing. Â Aside from the purposes listed, we may share your information where investigations or a legal dispute has occurred in accordance with our Privacy Policy (Legal Obligation).
Your PII is processed by Bling manually and/or using our Platform tools and third party providers as described in this Notice. Â Bling shall process such PII for specific purposes and only where there is a specific legal basis for doing as described above in Section 17.
Bling will only retain your PII for as long as required and proportionate to the use of your PII. We will keep your personal information:
For any legally required duration
Upon your request to eliminate, delete, or modify any of you PII stored with us, we will honor such legitimate request.
Until we no longer have a valid reason to keep or use your PII.
Where you have requested modification or deletion of your PII, we may keep just enough of your personal information to ensure that we comply with your requests not use your personal information or comply with your right to erasure subject to any legal obligations or legitimate interests. Â If you require additional details regarding the retention of your PII please contact us.
Your PII is subject to the security provisions found within this Privacy Policy and the security measures we take are in line with industry standards. When you submit PII to us your PII may be transferred and stored in the United States. Bling shall ensure that your PII shall have an adequate level of protection and that your information will be accessible as stated under the Privacy Notice.  In order to facilitate such a transfer under the GDPR, we rely on EU Standard Contractual Clauses (âSCCsâ also called Model Clauses) published by the European Commission to protect your PII. These are standard form data export agreements that have been approved by the European Commission as a lawful basis for transferring PII to non-EEA countries like the USA.âŻBy submitting any PII to us you agree to be bound the SCCs  (which are integrated into this Privacy Policy) and found here.
We may disclose your personal information to a third party as described below subject to the legitimate purpose as specified within the Privacy Notice. Â We have entered into agreements (including but not limited to Data Protection Agreements) with all third parties that we disclose your personal information to and they are prohibited from selling such personal information. Â
We share your PII with the following third parties:
Data Processor
Purpose of Sharing
Privacy Policy
Google
Use of the Platform; Training and Improvements
Firebase Analytics
Use of the Platform; Training and Improvements
Hotjar
Use of the Platform; Training and Improvements
Facebook
Use of the Platform; Direct and Third Party Marketing; Contract Administration
Freshdesk
Access and Communications with the Platform; Contract Administration
Various Ad Network Provider
Use of the Platform; Direct and Third Party Marketing; Training and Improvements
Varies based on provider
Amazon
Use of the Platform
All Data Processors have entered into binding agreements with us that respect your rights under the GDPR.
If you are an EEC resident and you have any questions regarding your rights under this Notice or wish to exercise any rights as enumerated under the GDPR, please contact us at: support@blingfi.com or Â
Bling Financial, Inc. â Data Privacy Officer
440 N Barranca Ave #1433
Covina, CA 91723
United States
support@blingfi.com Â
Please label any email communications with the title âGDPR Requestâ.
The Platform may collect your personal information in the following ways: Â (1) directly from your submission of such personal information; Â and/or (2) indirectly from your use of the Platform or observing your actions or interactions with the Platform.
We may use or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the personal information to us and to provide you with the full functionality and access to the PlatformÂ
To use as disclosed with Section 3 of our Privacy Policy.
To share with companies that we employ to provide services to the Platform or for marketing purposes.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Bling may disclose your personal information to a third party for a business purpose, as required, so that we may provide you with access to the Platform, allow you to interact with the Platform, and to understand how you use our Platform. This chart explains in detail how we disclose your personal information to third parties:
Category of Personal Information Collected
Source(s) from which that information may be collected
Business Purpose
Categories of Third Parties to which Bling shares this personal information
Email
Bling Platform
To operate our Platform, enter into a contract, and to provide you with services
Data processing and analytics vendors; Â Customer service vendors
Facebook, Apple, and Google ID and Login
Bling Platform
To operate our Platform, enter into a contract, and to provide you with services
Data processing and analytics vendors; Advertising vendors
IP Address
Bling Platform
Deliver Advertising and to understand your Platform usage
Data processing and analytics vendors; Advertising vendors
Interactions
Bling Platform
To understand your Platform usage and to improve our Platform
Data processing and analytics vendors
User and Device Identifiers (i.e. Google Advertising ID)
Bling Platform
Deliver Advertising and to understand your Platform usage
Data processing and analytics vendors; Advertising vendors
Usage History
Bling Platform
To understand your Platform usage and to improve our Platform
Data processing and analytics vendors
Registration History
Bling Platform
To understand your Platform usage and to improve our Platform
Data processing and analytics vendors
Locations
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Referring URL
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Browser
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Operating System
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Data Usage / Transferred
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Computer / Device Information
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Internet Service Provider
Bling Platform
To understand your Platform usage and to improve our Platform; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Cookie information can be found in our Cookie Policy.
If you have any questions or require additional information related to our information collection practices, please contact us at support@blingfi.com or Â
Attn: Legal Â
Bling Financial, Inc.
440 N Barranca Ave #1433
Covina, CA 91723
United States
support@blingfi.com
Definitions
â
For the purposes of the Clauses:
(a) âpersonal dataâ, âspecial categories of dataâ, âprocess/processingâ, âcontrollerâ, âprocessorâ, âdata subjectâ and âsupervisory authorityâ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) âthe data exporterâ means the controller who transfers the personal data;
(c) âthe data importerâ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third countryâs system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) âthe sub-processorâ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) âthe applicable data protection lawâ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) âtechnical and organisational security measuresâ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporterâs behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of the data importer [1]
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorised access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.
Liability
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.
Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
Governing law
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Sub-processing
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses (3). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processorâs obligations under such agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely âŚ
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporterâs data protection supervisory authority.
Obligation after the termination of personal data-processing services
1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1. Â
[1] Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.
Data exporter
The data exporter is the entity identified as âyouâ or âuserâ in the Bling Privacy Policy.
Data importer
The data importer is: Â
â
Bling Financial, Inc.
440 N Barranca Ave #1433
Covina, CA 91723
United States
support@blingfi.com Â
Data subjects
The personal data concerns the categories of data subjects as defined in the Bling Privacy Policy.
Categories of data
The personal data concerns the categories of data as defined in the Bling Privacy Policy.
Processing operations
The processing operations are defined in the Bling Privacy Policy.
This Appendix forms part of the Clauses. By accessing the Bling Platform and agreeing to the Bling Privacy Policy, the parties will be deemed to have accepted and executed this Appendix 2.
Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
The technical and organisational security measures implemented by the data importer are as described in the Bling Privacy Policy.
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Bling uses cookies for the following purposes:
To remember your computer and to remember when you visit our Platform. Â In this way the cookies help us remember the last time you have visited our Platform and allow us to optimize your experience based on your previous visits.
To remember your cookie preferences. Â This allows us to respect your preferences in relation to the cookies used by us.
To understand you how you interact with Facebook and our Platform and to remember your advertising preferences based on your Facebook information.
To track your usage of the Platform, provide us with information and analysis, and to help us improve the usability of our Platform. Â This allows us to understand how and why you are using our Platform so that we may make your visits to the Platform better.
The Platform uses necessary and analytic cookies. Â Any any analytic cookies may be disabled as explained within this policy. Â The Platform uses the following cookies:
Cookie
Cookie Name
Cookie Type
Purpose
Google Analytics
_ga
Analytic
Used to distinguish users. 1 day expiry.
Google Analytics
_gid
Analytic
Used to distinguish users. 1 day expiry.
Google Analytics
_gat
Analytic
Used to throttle request rate. 1 day expiry.
Google Analytics
Collect
Analytic
Used to distinguish users and track visitors across marketing channels. Session cookie.
Facebook Pixel
fbevents.js
Analytic
Used to measure, optimize and build audiences for advertising campaigns served on Facebook. 180 days expiry.
Facebook Pixel
fbevents.js
Advertising
Used to see how our users move between devices when accessing the application and Facebook and to ensure that relevant advertising is displayed to users. 180 days expiry.
Hotjar
_hjClosedSurveyInvites
Analytic
Hotjar cookie that is set once a visitor interacts with an External Link Survey invitation modal. It is used to ensure that the same invite does not reappear if it has already been shown. Expiry 365 days.
Hotjar
_hjDonePolls
Analytic
Hotjar cookie that is set once a visitor completes a survey using the On-site Survey widget. It is used to ensure that the same survey does not reappear if it has already been filled in. Expiry 365 days.
Hotjar
_hjMinimizedPolls
Analytic
Used to ensure that the widget stays minimized when the visitor navigates through your site. Expiry 365 days.
Hotjar
_hjShownFeedbackMessage
Analytic
Used to understand user feedback. Expiry 365 days.
Hotjar
_hjid
Analytic
Used to help track and identify users separately. Expiry 365 days.
Hotjar
_hjRecordingLastActivity
Analytic
Used when a visitor recording starts and when data is sent through the WebSocket. Â Expiry session.
Hotjar
_hjTLDTest
Analytic
Used to verify users. Expiry session.
Hotjar
_hjUserAttributesHash
Analytic
User Attributes sent through the Hotjar Identify API are cached for the duration of the session in order to know when an attribute has changed and needs to be updated. Expiry session.
Hotjar
_hjCachedUserAttributes
Analytic
This cookie stores User Attributes which are sent through the Hotjar Identify API. Expiry session.
Hotjar
_hjLocalStorageTest
Analytic
This cookie is used to check if the Hotjar Tracking Script can use local storage. Expiry under 100 milliseconds.
Hotjar
_hjIncludedInPageviewSample
Analytic
This cookie is set to let Hotjar know whether that visitor is included in the data sampling defined by your site's pageview limit. Â Expiry 30 minutes.
Hotjar
_hjIncludedInSessionSample
Analytic
This cookie is set to let Hotjar know whether that visitor is included in the data sampling defined by your site's daily session limit. Expiry 30 minutes.
Hotjar
_hjAbsoluteSessionInProgress
Analytic
This cookie is used to detect the first pageview session of a user. This is a True/False flag set by the cookie. Expiry 30 minutes.
Bling
Blingcookie
This cookie detects whether a visitor has previously accepted the Cookie Policy and whether it should display it again. Expiry 365 days.
You may have seen references on other websites to âfirst party cookiesâ and âthird party cookies.â Determining whether or not a cookie is a first or third party cookie depends on which website sets the cookie on your device. First party cookies are set by, or on behalf of, the company whose website you visit. Cookies set by any other company are third party cookies. For example, third party cookies may be used by advertising companies to serve ads when you visit their website. Currently, Bling does not use any third party cookies and all first party cookies are listed above.
You can choose to not accept cookies set by Bling or any other company by using the cookie pop-up at the time you visit our Platform. Additionally, you can set your browser to notify you when a web server attempts to write or load a cookie to your computer. This gives you a chance to accept or reject the cookie. Please be aware that rejecting any necessary cookies may render some portions of the Platform inaccessible or otherwise cause the improper functioning of portions of the Platform.
You can choose to restrict or block access to cookies set by Bling or any other company by using the cookie pop-up at the time you visit our Platform. Â Additionally, if you donât want to receive cookies, you can modify your browser so that you are alerted when any cookies are being placed on your computer. Additionally, you can reject all cookies or you may delete cookies that have already been set. Â
More Information About Cookies Â
If you wish to restrict or block web browser cookies you may do so via your browser settings. The Help function within your browser should be able to assist you in this matter. Alternatively, you may wish to visitâŻwww.aboutcookies.org, which contains comprehensive information regarding the management of cookies on your browser. Aboutcookies.org contains both general information and specific information regarding cookies and their usage.  Further, if you are a European user you may visit http://www.youronlinechoices.eu/ which will inform you of your cookie choices.
âBlocking Cookies
âYou may block cookies by doing the following. For example:âŻ
in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.
in Firefox you can block all cookies by clicking "Tools", "Options", and un-checking "Accept cookies from sites" in the "Privacy" box.
in Google Chrome you can adjust your cookie permissions by clicking "Options", "Under the hood", Content Settings in the "Privacy" section. Click on the Cookies tab in the Content Settings.
in Safari you can block cookies by clicking âPreferencesâ, selecting the âPrivacyâ tab and âBlock cookiesâ.
Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features within our Platform. Â
Deleting Cookies Â
You can also delete cookies already stored on your computer:
in Internet Explorer, you must manually delete cookie files;
in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you "clear private data" (this setting can be changed by clicking "Tools", "Options" and "Settings" in the "Private Data" box) and then clicking "Clear private data" in the "Tools" menu.
in Google Chrome you can adjust your cookie permissions by clicking "Options", "Under the hood", Content Settings in the "Privacy" section. Click on the Cookies tab in the Content Settings.
in Safari you can delete cookies by clicking âPreferencesâ, selecting the âPrivacyâ tab and âRemove All Website Dataâ.
You may opt out of some of the cookies by doing the following:
If you have any additional questions regarding our use of cookies, please contact us at support@blingfi.com.
BlingÂŽ, Bling PointsÂŽ, and Bling PlatformÂŽ are registered trademarks of Bling Financial, Inc.
SPECIAL AND LICENSED TRADEMARKS AND/OR COPYRIGHTS
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App Store and Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries.
Google Play and the Google Play logo are trademarks of Google LLC.