Welcome to Happy Community!
This Terms of Service sets forth the Agreement between you and Frost The Brand L.L.C. (“we” or “us”) regarding your use of our web service and mobile applications, specifically including each Happy Community you create or join (collectively the “Service”). Please read this Agreement, because it contains important information about your content (that you own), how information is shared between Hosts and Members, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration.
If you cannot agree to these Terms of Service, don’t use the Service.
Our service enables people to create or participate in a community, online courses, events, and subscriptions dedicated to an interest, passion, identity, or individual (a “Happy Community”) for free or for a fee. People who create a Happy Community (“Hosts”) do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content. Hosts tailor their Happy Community by adding their own branding, choosing which features they enable, the Members they invite, and the activities they organize in their Happy Community.
You must be at least the age of majority in the state or country where you live to create or participate in a Happy Community.
You will set up an account with each Happy Community you join and participate in. When you set up a profile with any Happy Community, we treat registration information according to our Privacy Policy. Your name and contact information will be made available to your Host. You are responsible for maintaining the confidentiality of your password.
Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining a Happy Community, you are sharing personally identifiable information with your Host, other Members, and us.
When you create or join any Happy Community, you agree to follow the Happy Community Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Hosts of the Service. You may submit a complaint or concern about another Member or Host to help@happycommunityapps.com.
You may close your Host or Member account at any time by going to account settings and disabling your account. We may terminate your account if you violate the Happy Community Acceptable Use Policy or for any other reason. We may suspend your use of the Service or the Service at any time for any reason, without any notice.
We welcome your feedback and suggestions about how to improve Happy Community. Submit feedback at help@happycommunityapps.com. By submitting feedback, you agree to grant us the right to use it for free.
You keep complete ownership of all content and activity in your Happy Community. You give us permission to run your Happy Community, such that content, data, and activity shows up. Make sure you have permission to use content that you post on Happy Community.
All material that you upload, publish or display to others via a Happy Community is “Your Content,” unless provided for otherwise by the Host. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. The Service also allows you, if you are a Host, to create a personalized name for your Happy Community (“Your Network Name”), which will appear in a subdomain accessible directly to visitors and Members (e.g. Your Network Name.mn.co). If you are Host, Your Content also includes Your Network Name. Material that a Member uploads, publishes, or displays to others via a Happy Community is “User Generated Content”. Your Content, including User Generated Content, does not include Your Data (defined below).
In legalese: In connection with your use of the Service, you hereby grant and will grant Frost The Brand L.L.C. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right of the Host of your Happy Community to move Your Content to another platform. If you join a Network that is Paid, Private or Secret, rather than Public, only we, your Host and Members who are invited to join that Network will be able to see Your Content that you post on that Network. Frost The Brand L.L.C. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Frost The Brand L.L.C., its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
If you are a Host, you own the list of Member emails and contact information (“Membership List”) and grant us the license to use it to provide the Service. If you are a Host, you also own data or insights (“Your Data”) that: i) you collect during your use of the Service, or ii) we provide you through the Insights dashboard and you export or download during the term.
You agree to follow the Happy Community Acceptable Use Policy. If you are a Host, you agree to respect commitments made to Members of your Happy Community about use of the Membership List, as further described in Section 5. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the Happy Community Acceptable Use Policy.
The Happy Community Copyright Policy and Happy Community Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at help@happycommunityapps.com.
All right, title, and interest in the Service, including the Happy Community buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, Your Data, third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of Frost The Brand L.L.C. and/or its licensors. The Happy Community name and logo, the Happy Community mark, the Happy Community logo are trademarks and service marks of Happy Community. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.
Subject to these terms, including our Happy Community Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access the Service Materials and the Service. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a Happy Community, or the conduct of parties who participate in a Happy Community.
The name and contact information of Members who register to join a specific Happy Community become available to that Happy Community’s Hosts in order to facilitate communications. A Host may use the Membership List solely to communicate with a Member for purposes related to the Happy Community or the reasonably assumed interests of the Member who has joined the Happy Community. A Host agrees not to: i) sell the Membership List to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Happy Community or the interest of Member who joined the Happy Community.
If you are a Host, it is important for you to respect and honor the trust of Members who join the Happy Community you created. If you are a Host, you represent and warrant that, in your communications with Members and handling of Your Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Section 5(a). If you are a Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Happy Community will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
In the event that a party misdirects a takedown request directly to the Host (within or outside of the Service), the Host will redirect the takedown request directly to help@happycommunityapps.com within two (2) business days.
This agreement includes the Happy Community Data Processing Addendum, which includes the US DPA, and the EU DPA.
You may enable various online services like Facebook to be integrated into your Happy Community Host or Member account or Happy Community (“Integrated Services”). For example, you may be able to share or access your Happy Community activity on Integrated Services such as Facebook. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Happy Community (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the Terms of Service, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.
If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
i. If you as a Host terminate your Premium Service, we will not refund any payment for your unused Premium Service.
ii. If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.
iii. If you are a Member and your Host terminates your Premium Service, or you terminate your subscription yourself, your Host will decide whether to provide you with a refund.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Frost The Brand L.L.C. ENTITIES TO YOU. “Frost The Brand L.L.C. ENTITIES” MEANS Frost The Brand L.L.C., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
A. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Frost The Brand L.L.C. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
B. Frost The Brand L.L.C. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. Frost The Brand L.L.C. MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY Happy Community WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY Happy Community, WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY Happy Community, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, Frost The Brand L.L.C. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT Frost The Brand L.L.C. ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
E. WITHOUT LIMITING THE FOREGOING, Frost The Brand L.L.C.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO Frost The Brand L.L.C. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend Frost The Brand L.L.C. Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to help@happycommunityapps.com. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Maricopa County, Arizona, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to help@happycommunityapps.com that includes your actual name and Happy Community user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
We may amend this Agreement (including any policies, such as the Privacy Policy, Happy Community Acceptable Use Policy, Happy Community Copyright Policy, and Happy Community Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of Happy Community, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Happy Community.
You agree that Happy Community is operated in the United States and will be deemed to be solely based in Arizona and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Phoenix, Arizona and governed by laws of the state of Arizona, without regard to any conflict of law provisions.
Frost The Brand L.L.C. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
The Service is controlled and operated from our United States offices in Arizona. Happy Community software is subject to United States export controls. No software for Happy Community may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) 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 “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
If you access the Service through a Happy Community mobile application, you acknowledge that this Agreement is between you and Frost The Brand L.L.C. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(ServiceMaterials), Section 5(b)(Representation and Warranty of Hosts), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by Frost The Brand L.L.C., located in Phoenix, Arizona. If you have a question or complaint regarding the Service, please contact Frost The Brand L.L.C. at help@happycomunity.io. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Any Happy Community software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via help@happycommunityapps.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Feel free to contact us at help@happycommunityapps.com with any questions about these terms.
When you use the Service, you agree to the Terms of Service set forth in this agreement (including the Privacy Policy and Happy Community Acceptable Use Policy, regardless of whether you are a registered user.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
Happy Community is a Service of Frost The Brand L.L.C. All visitors to our Service (“Visitors”) who register with the Service and join a Happy Community are Members or Hosts. Hosts are the organizers of Happy Community. Members register and participate in Happy Community. Hosts decide who can join their Happy Community and whether they choose paid Member subscriptions on their Happy Community. This Privacy Policy describes how we, Frost The Brand L.L.C., obtain and use information about you and your visits to our website at ryanfrost.io and your participation in a Happy Community and your use of Happy Community mobile applications. To offer the personalized experience of a Happy Community, we collect personal information about you (“Personal Data”). This policy describes how we collect, use, and share your Personal Data with your Host and other Members in connection with your use of the Service, including our mobile applications. Unless defined here, capitalized words have the same meaning as in the Happy Community Terms of Use, which this Privacy Policy is part of.
For residents of California, the EU, EEA or the UK, the California Privacy Notice and EU/ EEA/ UK Privacy Notice supplement and form part of this Privacy Policy.
When you visit our website, join or create a Community, interact with us or your Host through the Service, or use our mobile applications, we, as the service provider for your Host, collect Personal Data and other information from you (collectively, “Data”). We use your Personal Data to be able to provide the Service to you:
‘Personal Data or Personal Information’ means any information relating to you from which you can be identified, directly or indirectly, including your name, identification number, location, online identifier such as your IP address or device ID, or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
‘Special Categories of Personal Data’ means data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and data concerning your health, sex life or sexual orientation.
‘Aggregated Data’ is data in a summary form for statistical analysis. A common purpose of aggregation is to get more information about particular groups based on specific variables such as age, profession, or income level.
‘Pseudonymisation’ means the processing of your personal data in a way that the personal data can no longer identify you without the use of additional information, so long as the additional information is kept separately and is subject to technical and organizational measures to prevent you from being identified or identifiable. We store and use your Personal Data together with an ID we assign each time you join a new Happy Community. We assign you one ID per Happy Community to ensure you have a personalized experience in each one.
Name and Email Address. When you register as a Host or Member of a Happy Community, we ask you for your real name and your email address. Both we and the Host of the Happy Community receive access to this information and use it to communicate with you about the Service. In addition, we and your Host may use this address to email you about products or services believed to be of interest to you. If you are a paying Host or Member, we may also collect your mailing address and zip code for billing purposes. Hosts may decide to collect your mailing address, via our Services.
Social Media Profiles. You can also register with your Facebook or LinkedIn account. When you register this way, you give us permission to access your Facebook or LinkedIn profile and photo. Your profile and photo will become part of your Happy Community profile. See below for more information on Integrated Services like Facebook and LinkedIn.
Profiles and Topics. When you join a Happy Community, you will be prompted to add a profile, including a short bio, and to choose topics to follow (“Topics”). From this information, Happy Community personalizes your experience in each Happy Community. Your Host can also choose and customize categories of Personal Data to collect from you including, if you agree, Special Categories of Personal Data.
Your Location. We ask you for your location so that we can facilitate interactions with other Members in your geographic area. In addition, if you opt-in our mobile app collects your GPS location information. If you enable location features, or do not disable GPS on your mobile device, other Members may be able to see your location.
Other Personal Data You Provide Directly. You may also provide us Personal Data when you use certain features of the Service such as participating in conversations or polls in your Community, contact us with inquiries, or respond to one of our surveys.
You have the option of registering using an Integrated Service, such as Facebook. If you choose to do this, your profile picture and other Personal Data in your profile on the Integrated Service will become part of your profile on Happy Community. Please see the section below on Integrated Services for more detail.
Information About Your Use of the Service. Our servers automatically record your visits to the Service. Like all other website and mobile app servers, ours compiles a log that records the date, time, browser (i.e., Firefox), device type (i.e., iPhone), operating system (i.e. Android), and originating IP address of each page you visit.
We use cookies to collect information about your visits to our website and Service. Cookies are text files placed on your computer by websites to collect standard log information and visitor behavior information. Our cookies collect the following information about you: which website or ad you visited right before ours, which pages you visited on our Service, and how much time you spent on each section of our Service. We may also collect other data about your visit, such as search requests and results. We use this information for our legitimate interests to track usage of our Service, to measure the number of unique visitors to the different sections of our Service, to understand how Members find and join Happy Community, and to help us make our Service more valuable to every Host and Member. The use of this information is called “analytics.” Often information used for analytics is aggregated.
Our mobile applications on iOS (Apple) and Android (Google) have to interact with our computer servers. We assign your device a token so that you do not have to log in every time you use the Service via our mobile apps.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Service features may not work properly without cookies. Most browsers accept cookies automatically but allow you to disable them. For more information about cookies visit https://www.allaboutcookies.org.
Information About Your Location. From your IP address, we can tell generally where you are when you are accessing our Service, such as which city. We start by choosing a location for you based on the IP address of your Internet connection. You can update or remove this location at any time by logging in to your account on the Service.
Third-Party Cookies for Site Use Analysis. We use third parties such as Google to help us analyze how people are using our Service. We also use the Google Analytics service to provide us with demographic data about our Hosts and Members, such as age and gender. Google uses a cookie that can be recognized by Google or its affiliate DoubleClick when you visit other websites. For more information about how Google collects, uses, and shares your information, please visit the Google Privacy Policy-Partners website at https://www.google.com/policies/privacy/partners/.
Third-Party Cookies Used to Target Ads on Other Websites. “Beacons” are transparent pixel images that are used in collecting information about website usage across websites and over time. Our Hosts may use their own or third party cookies or beacons to target Host ads to you when you visit other websites. Our Hosts may also work with other companies who use their cookies or beacons to target third party ads to you on other websites based on your prior visits to the Host’s Community on our website Service. This is called online behavioral advertising (“OBA”), because you receive ads based on your prior online behavior. We do not have access to these cookies; it is third parties who engage in OBA.
We consider personalizing your Happy Community experience an important part of our Service. We want you to understand what Personal Data gets shared with your Hosts, other Members of your Happy Community, other Hosts or Members of our Service, and other third parties as part of the Service.
‘Third Party’ means a person or company who is not a Host or another Community Member, and government bodies and public agencies and authorities. Third Parties include our service providers whom we authorize, through a data processing agreement, to process your personal data or information to help us with: development, maintenance, and support of our websites and mobile applications, marketing and advertising, marketing research and analysis, communications, and customer service. We do not permit our Third Party service providers to use your personal data for any other purpose. We do not share Personal Data with any person or company unless we have an agreement with them that controls their use of the data.
‘Processing’ or ‘Process’ means any operation or set of operations performed on personal data or on sets of personal data, including by automatic methods, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing, transmitting, sharing or otherwise making available, aligning or combining, restricting, erasing or destroying.
‘Consent’ or ‘Agree’ means your freely given, specific, informed and unambiguous expression of your wishes through a statement or other clear affirmative action such as checking a box which indicates your agreement to our processing of personal data relating to you.
If you are not comfortable with this type of sharing, don’t use our Service.
Your Host. Your Host, or Hosts if are there more than one, will have access to your name, email address, and all personal or contact information that you provide when you register for that Host’s Happy Community. In order to facilitate Member engagement, our Host will also have access to Data regarding your usage activity, in both aggregated and personally identifiable forms. For example, Hosts will be able to see aggregated Member activity within a Happy Community, as well as specific information like how many people cheered in response to a comment you made. Your Host also will be able to associate Your Content, and any Personal Information it contains, with your contact information. Your Hosts may communicate with you outside of the Service about the Happy Community or relevant topics of interest to you, and may retain your personal information after you leave the Happy Community, unless you request otherwise. Hosts have committed in the Happy Community Terms of Use (/terms-of-use) to comply with applicable laws and regulations about their handling of Data and not to sell your information to third-parties. You should only join a Happy Community if you are comfortable sharing your personal information with the Host of that Happy Community. If your Host has an additional privacy policy covering the Host’s use of Personal Data, you should review it carefully to understand how your Host may use Personal Data.
Searching and Messaging by Others. Visitors to our Service may be able to search for you by your name and location if you are a Member of a Happy Community. Members of your Happy Community can search for you by location, Topics, or other personal information so that they may message you within the Happy Community. Whether your information is available to other Visitors and Members depends on whether the Happy Community is Paid, Public, Private, or Secret.
Public, Private, Secret, and Paid Happy Community. A Host can select whether to make a Happy Community Public, Private, Secret, or Paid.
Personal Information Included in Your Content. If you include personal information in Your Content, it will be displayed to other Members based on the privacy levels defined above.
Integrated Services. If you have used the option to register using an Integrated Service, such as Facebook, we share your information with the operators of the Integrated Service. More information is in the sections below entitled “Integrated Services.”
Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Third Parties Whom We Have Contracts With. Frost The Brand L.L.C., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include emailing information to you, maintaining our website, databases and mobile applications, processing payments, marketing and advertising, marketing research and analysis, and customer service. When we employ another company to perform a function of this type, we only provide them with the Personal Data and Information they need to perform their specific function and we do not authorize these service providers to use or disclose your personal information except as necessary to perform the tasks we have asked them to do for us or to comply with legal requirements. Our list of the Third Parties we use to assist us with our personal data or information needs can be obtained by contacting help@happycommunityapps.com.
Legal Requirements. We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) cooperate with a legal investigation or a request from a government authority, (iii) protect and defend the rights or property of Frost The Brand L.L.C., (iv) protect the legal rights, safety, and security of users of our website and the Service, (v) protect our legal rights and legitimate interests, and those of our business partners, service providers, and customers; (vi) prevent fraud; (vii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) protect against legal liability.
We disclose aggregated statistics, such as number of Hosts and Members, in order to describe our Service to current and prospective business partners, and to our Third Party service providers for our legitimate interests and other lawful purposes.
You have rights regarding the Personal Data and Information we have about you.
You may object to, or restrict, our collection, use, sharing, transfer and/or storage of your personal information. You may also request a copy of the information that we have about you. You may also ask us to correct or remove personal information you think is incorrect.
If a Host (the data controller) is using the Service to process your personal information, you may contact the Host to object, restrict, access, correct or delete your personal information. If you need help finding contact information for your Host’s privacy officer, please contact us at help@happycommunityapps.com.
If you have a registered account in the Service, you may object, restrict, access, correct, or request deletion or a copy of some or all of your Personal Data or Information by logging in to your account.
If you do not have a registered account in the Service and you would like to object, restrict, access, correct, delete, or request a copy of some or all of your personal information, please email, write, or call us at the following address: help@happycommunityapps.com. Frost The Brand L.L.C., 42020 N Club Pointe Dr. Phoenix, AZ 85086, Phone: +1 480-771-0074
We will respond to your request within a reasonable period of time.
Please note, we will keep your personal information for as long as necessary for us to provide the Service to you. We will also keep and use your personal data or information to comply with laws including tax laws and other applicable laws. We will also keep your Personal Data and Information as necessary for backup, archiving, audit, preventing fraud, resolving disputes, and troubleshooting problems.
If you are a California resident, please see our California Privacy Notice for more details about our compliance with California’s privacy laws.
If you are a member of the EU/ EEA/ UK, please see our EU/ EEA/ UK Privacy Notice for more details about our compliance with EU/ EEA/ UK privacy laws.
You get to decide the Happy Community you want to join. You also get to decide whether you trust your Host with the information sharing described in this policy.
A Host can choose to make a Happy Community Public, Private, Secret, or Paid as described above.
In your account settings, you can control the frequency, type, and mode of notifications you receive through the Service. You can choose to be notified by email or mobile alerts, both, or neither. You can choose to turn on or off your notifications by type, such as cheers on your posts and direct chat messages.
We would like to send you information about our services that you may be interested in. If you have agreed to receive marketing messages from us, you may opt-out at any time. We provide an opt-out link at the bottom of each email message.
Because we plan our communications in advance, it may take several weeks for your opt-out request to take effect. If you continue to receive marketing messages from us or a Host after you opt-out, please let us know so that we can investigate the situation.
To prevent your data from being used by Google Analytics, click here for instructions.
To opt out of Google behavioral advertising, click here to see your Google ad settings.
Please see our Cookie Policy for important information about non-Google cookies that are placed by us or by our business partners on your computer, mobile phone or other device and how to opt out. We do not have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device by non-affiliated, third-party ad technology, ad servers, ad networks, or any other non-affiliated third parties. If you would like to learn more about OBA or to opt out of having this information used by companies that are part of the Network Advertising Initiative to deliver targeted ads, please visit https://www.networkadvertising.org/managing/opt_out.asp, or if you are located in the UK, European Union/European Economic Area, please visit European Interactive Digital Advertising Alliance (EDAA) Your Online Choices website at http://www.youronlinechoices.eu/. Please note you will continue to receive generic ads.
To manage or delete browser cookies, please see your browser’s privacy settings.
You can leave one or more of your Happy Community, or delete your Happy Community account (on a Network by Network basis). As soon as you leave, we stop collecting your Personal Data for that Happy Community.
This Privacy Policy does not apply to any Personal Data collected by Frost The Brand L.L.C. outside the Service, such as a telephone call. This Privacy Policy does not apply to any unsolicited information you provide to Frost The Brand L.L.C. through the Service or through any other means, such as information posted to any public areas of the Service, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Frost The Brand L.L.C. shall be free to reproduce and use such Unsolicited Information without limitation or attribution. We respect your copyrights in Your Content, as outlined in our Terms of Use.
Happy Community cannot control the actions of Hosts or other Members; if you have a privacy-related dispute with a Host or another Member, you should contact that person directly. You should alert us help@happycommunityapps.com if you believe that a Host or another Member has violated this Privacy Policy or our Acceptable Use Policy.
Happy Community does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not use the Service or submit any Personal Data through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Data to Happy Community through the Service, please contact us at help@happycommunityapps.com and we will look to delete that information from our databases.
This Privacy Policy applies only to the Service. The Service may contain links to other websites not operated or controlled by Frost The Brand L.L.C. (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Service do not imply that Frost The Brand L.L.C. endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.
One of the special features of the Service is that it allows you to enable various online Third Party services, such as social media and social networking services like Facebook and LinkedIn (each, an “Integrated Service”), to integrate directly into your Happy Community. By directly integrating these services, we make your use of Happy Community richer and more personalized. To enable Integrated Services, we will ask you to authorize Happy Community to access the Integrated Services (or vice versa). When you add an Integrated Service account to a Happy Community (or vice versa), your log-in information, Personal Data, non-personal data, location information, your content, your Happy Community name, your Happy Community location, your Happy Community affiliation, profile photo, Facebook Connect ID, Profile (if you are integrating your Facebook account) and other relevant personal information may be passed through to, or received from, the Integrated Service in connection with your use of the Service. We may import, use, disclose, and retain such data and information to, among other things, customize and improve the Service for you and others. Note that Integrated Services may also import, use, and retain this information. You may be able to control how certain information is shared with us in your privacy settings within the Integrated Services. However, please remember that the manner in which Integrated Services collect, use, store, and disclose your information is governed solely by the policies of the companies operating those Integrated Services, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Service that may be enabled within the Service.
If, and only if, you have elected to integrate your Happy Community with an Integrated Service, we may share your information with Integrated Services. This may happen when you first register with Happy Community, when you log into Happy Community from time to time, or in emails or other communications we may send you consistent with this Privacy Policy. We may from time to time share your Personal Data and anonymous data, your location information, your Happy Community Membership, your Happy Community URL, your location, and your use of certain features on Happy Community with Integrated Services to facilitate and enhance your use of the Integrated Services. Please keep in mind that services provided by Integrated Services are not provided by us and therefore your use of the Integrated Services will be governed by the Integrated Services’ Terms of Use and other policies, and that the collection, use, and disclosure of information provided by you or us to Integrated Services is not governed by this Privacy Policy.
We use appropriate technical and organizational measures including encryption, aggregation, and pseudonymization to protect your Personal Data provided via the Service from loss, misuse, and unauthorized access or use, disclosure, alteration, or destruction. However, no Internet, email, or other electronic transmission is ever 100% secure or error free, so we cannot guarantee that your Personal Data will never be accessed, used, or disclosed, so you should take special care in deciding what information you share on the Service.
“Phishing” is a scam designed to steal your Personal Data or Information. If you receive an email that looks like it is from us asking you for information about you, please contact us at help@happycommunityapps.com.
Residents of California should review the California Privacy Notice for more information about your rights and our compliance with California privacy laws
Our Service is provided from within the United States and subject to state and federal laws of the United States. If you are located outside the United States, your Personal Data is being transferred to, stored, used, and shared in the United States.
If you are a resident of the EU/ EEA or UK, please see our EU/ EEA/ UK Privacy Notice for more information about your rights and our compliance with applicable laws.
To keep your Personal Data accurate, current, and complete, please update your account settings or contact us at the email address below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
Please also feel free to contact us if you have any questions about Happy Community’s Privacy Policy or the information practices of the Service. Our email address for privacy issues is help@happycommunityapps.com. Our postal address is Frost The Brand L.L.C., 42020 N Club Pointe Dr. Phoenix, AZ 85086.
We keep this Privacy Policy under regular review, and we will notify you when we make changes in the future. Please review this policy periodically, and especially before you provide any Personal Data to us. We will also place any updates on our website. This privacy policy was last updated on the date indicated at the top of this document.
We have no liability or responsibility for the privacy policies or practices of our Hosts or other actions of any Integrated Service that may be enabled within the Service.