Last modified: 03/12/2020
Effective Date: 03/12/2020
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
The Company is committed to maintaining the confidentiality, integrity and security of any
Personal Information (as defined below) about Company's End-Users. To demonstrate
Personal Information through the Product.
use of the Product, as owned and operated by the Company, a corporation having its registered
address at 20B Station Road BH21 1RG (referred to in these Terms as the “Company”). Terms
(b) CONSENT AND AGREEMENT TO BE BOUND
(i) CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the Product You agree
incorporated here by reference. If You do not agree to all the terms and conditions of this Privacy
(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE AppStore & Google Play Store.
There are certain types of device data that the Product cannot access without Your consent. The
various application marketplace platforms that Company serves the Product through will notify
You the frst time the Product requires permission to access certain types of data and will let You
decide to consent to that request. You further agree to abide by all the terms in the AppStore &
Google Play Store end user licensing agreement, or any other applicable application store
(“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms
(iii) CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as
amendment requirements set out therein, Company will provide written notice to inform You and
will obtain consent from You for any new purposes not previously identified.
(iv) PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data
in accordance with the user data update and verification provisions set out in the section of this
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(i) SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product, You consent to
the collection, use and disclosure of Your Personal Information by Company in the manner
but which may restrict access to certain features of the Product. For example, Your name and
email address are necessary to complete the registration process. At any time after registration,
You may opt out of most email communication from Company by clicking on the opt-out link at
the bottom of Company's emails, or by contacting Company at the contact details listed above.
However, Company may still contact You for administrative purposes. Withdrawing consent will
not apply to actions the Company has already taken based on Your prior consent.
(ii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account,
You are opting in to receive emails from the Product for administrative or technical issues and
You may occasionally receive the Company newsletters.
a. COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that Company believes
that the security of Your Personal Information in Company's possession or control may have
been compromised and creates a real risk of significant harm to You, or if Company believes that
a notification is appropriate, Company may seek to notify You of that development, pursuant to
both Company's desire to keep You informed and Company's legal requirement to do so. If a
notification is appropriate, Company may notify You by the email address registered to Your
account. Additional details on a Data Breach can be found in the in the section of this Privacy
Policy entitled “3. Data Management”.
b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send
email messages to customers requesting confidential information such as passwords, credit
card numbers, or social security or social insurance numbers. Please do not act on any such
emails as You may compromise Your Personal Information by replying or by following links to a
the time of collection. If Company makes any material changes Company will notify You by email
or by means of notice on the Product prior to the change becoming effective. Company will post
(i) Company's PERIODIC REVIEW. Company will perform a periodic and timely review to ensure
(ii) YOUR PERIODIC REVIEW. Company encourages You to periodically check Company’s Privacy
Policy for the latest information on Company's current policy.
IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE
RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY
LIMIT THE AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON,
GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN COMPANY'S
PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE COMPANY'S
SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY
PROVISION AND DISCLAIMER], AND [PROHIBITED USE REQUIREMENTS] CONTAINED IN THE
(g) CONTACT INFORMATION
If You have questions or concerns regarding Company's policy or practices, please contact
Company's privacy officer by email at firstname.lastname@example.org or at the following
address: 20B Station Road BH21 1RG
(h) EFFECTIVE DATE.
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(a) DISCLOSURE OF COLLECTION
information is being collected when You first sign in to the Product. In the section of this Privacy
Policy entitled “3. Data Management”, Company will be describing the manner in the section of
the data will be used, how Company processes the data, and how Company works with third
party service providers who will assist Company to process the data.
(b) COLLECTION OF PERSONAL INFORMATION
When You use the Product, Company stores certain information about Your device and Your
activities that You provide to Company and that Company automatically collects, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the
following personal information (“Personal Information”): first and last name, email address and
photograph if You supply one to Company as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of
device, OS version, location, other browser information (e.g., size, connection speed and
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company
will collect and determine automatically through Cookies and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings
(time zone, language, etc.), as well as content and usage preferences (collectively, the “User
(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share
to Company's Product which includes Company's Social Media Services.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use
the Product. You may need to register twice, once to the Digital Distributor and a second time
after You have downloaded the Product from the Digital Distributor, using Your electronic device.
As part of this registration, Company will require that You submit certain information that is
relevant to the purposes of the Product.
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or
applications (such as Facebook, Instagram, Twitter, among others, and individually and
collectively, “Social Media Services”) on pages and/or locations that are related to Company's
Product, Company may receive information from such Social Media, in which case Company may
collect and store information identifying Your account with the Social Media Services;
(iii) COLLECTED THROUGH Company's COMMUNICATIONS WITH YOU: via email or through the
Product, through messages or transaction information relating to Your use of the Product,
through other End-User-generated content provided to Company in the normal course of Your use
of the Product, including but not limited to communications related to registration, evaluations,
internal surveys, feedback information, usage information, correspondence with Company
through technical support tools and/or email, by and Traffic Data (as described within this
(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and
store information (including Personal Information) locally on Your device using mechanisms
such as Product data caches, “Cookies” (cookies, pixel tags or other similar technologies which
are small data files that are stored on an End-User's device for record-keeping purposes that
track where You travel on the Product and what You look at, on single sessions or cumulated
over time. Although Cookies are used by most major Products and are accepted by default by
most Products, it may be possible to disable Cookies via Your settings), and through "traffic data"
which collects the, route and destination of users and information on and through Company's
Product, as well as cookies that are stored temporarily on Your device.
(d) PROCESSING OF COLLECTED INFORMATION
nature for which the data will be used, how Company processes the data, and how Company
works with third party service providers who will assist Company to process the data.
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO OF Company's END USER-INFORMATION
(i) VALIDATION: Company will validate the Personal Information to the best of its ability.
Company will validate Personal Information wherever possible and any discrepancies discovered
shall be corrected.
(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. If Company is
collecting the data on behalf of Company's client, Company will work with the Client to ensure
that processes will be put in place to ensure that end users are given the chance to review and
correct any data issues.
(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure
that the Personal Information You enter into Company's system is as accurate, complete and up-
to-date as necessary for the purposes for which it is to be used. Until the Personal Information
Removal Date (as defined below), You may review or update Your Personal Information by
submitting a request to review or update Your Personal Information to
email@example.com indicating that You are requesting such review or update,
subject to the identity verification process set out below, and with the understanding that the
Company may make changes to Your Personal Information to meet the technological
requirements of Company's networks and media. Unless required to comply by law, Company
may reject access or modification requests that are unreasonably repetitive, require
disproportionate technical effort, risk the privacy of others, or would be extremely impractical.
Where Company can provide information access and correction, and when required by law,
Company will do so for free.
(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the
30 days after Your account with Company has been terminated or the maximum time period
allowed by Applicable Law as described below, whichever is longer (this is the “Personal
Information Removal Date”) the End User may request a copy of all of the End-User’s User Data
from the Product. After the Personal Information Removal Date, or upon Your specific request to
firstname.lastname@example.org to delete the Personal Information, such Personal
Information shall be deleted by Company within a reasonable period, unless:
(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data
may continue to temporarily persist in Company's system-wide business recovery back-ups (if
any) until such time as the system-wide business recovery backup is deleted and replaced with
data that does not include data collected during Your agreement term; however, You have no
expectation of data retention whatsoever and acknowledge that backing up of Your own data is
Your responsibility; or
(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may
continue to temporarily persist to the extent that such information is required to be retained for
compliance with Applicable Law (for example, to prevent, investigate, or identify possible
wrongdoing in connection with the Product or to comply with legal obligations) and until such
time as such information is no longer required for this purpose, however, You acknowledge that
recovery of data is not permitted by You from within this system under these circumstances
unless Company is required and compelled to do so by law, and in such event, at Your sole
(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating
Your Personal Information, Company may ask You to verify Your identity before Company can act
on Your request.
(vi) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User privacy
preferences. There preferences will be tracked in the database and attached to Your End-User
records. If the preferences are changes, the modifications will be incremental, and added to an
audit log. Tracking of Your consent to the collection, storage and use of Your Personal
Information will be also be recorded for the purposes of an audit log for consent.
(b) STORAGE AND RETENTION
(i) STORAGE LOCATION. If Your information is stored on computer systems in a country other
than the country in which Your information was collected. In Company's best efforts to protect
Your data, storage locations will be selected in countries that have similar privacy laws. Foreign
storage locations, if any, that may process or store Your data, will be listed and updated within
DATA STORAGE PROVIDERS”. Any such transfers will also be subject to audit and tracking
(ii) DATA RETENTION:
a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by
Company for an indefinite period however, this does not constitute a guarantee that Company
will keep the data indefinitely. This data will primarily be used in aggregate and anonymized
format to drive business intelligence and analytics.
b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data
Removal Date (as defined above), with such deletion to be initiated by Company or by the User, in
the manner described above in the section entitled “Removal of Personal Information By
Company or by You.”
c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and
provide to You by law, [You should have no expectation of data retention whatsoever. From time
to time the Company will create a backup of all data in the Company’s system. This backup is for
use by the Company only in the case of disaster recovery or to maintain business operations in
the case of an emergency. No data will be backed up (except for such disaster recovery
purposes and Company's internally usage). Backing up of Your own data is Your responsibility.]
DATA RESTORES: The Company will not restore data unless it is available and
then only if the Company determines, in its sole discretion that a data recovery is necessary.
d. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule
as required by Applicable Law to confirm deletion of the data has occurred in the manner
described above in the section entitled “Removal of Personal Information By Company or By
(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security
related concern, please contact Company at the contact details provided above. Company will
work closely with You to ensure a quick and personal response to Your concerns. In addition,
Company restricts unauthorized access through protective policies, procedures, and technical
a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required
to safeguard Your End-User name and password information in accordance with the Terms of
b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with
regard to the storage of Personal Information as required by law, however, and pursuant to
operate the Product, End-User Data may be transmitted by You to the Company over the internet,
public networks or otherwise, and You acknowledge that that no such data transmission can be
guaranteed to be completely secure, and that, beyond Company's requirements to provide a
warranty on information security [as required by law or in accordance with the security protocols
agreed to by the parties hereto in writing], Company cannot warrant the security of any
information You transmit to us, and that You do so at Your own risk.
c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized
access to the storage locations of the data, or access to a storage location by an individual that
is potentially suspected of having performed non-authorized activities. In the case where a Data
Breach has occurred, if the Company believes that the breach creates a real risk of significant
harm to the end-users, the End-User will be notified in the manner as required by law, and all
details regarding the impact to the End-User will be shared.
(d) TRAINING COMPANY'S STAFF IN DATA MANAGEMENT:
a. TRAINING OF COMPANY'S STAFF FOR HANDLING PERSONAL INFORMATION: Company's
employees and contractors are required to adhere to standards and policies to ensure that
Personal Information is secure and treated with the utmost care and respect. Furthermore,
Company limits access to Your Personal Information to those employees or contractors who
Company reasonably believe need to come into contact with that information in order to do their
jobs and Personal Information will only be reviewed if anonymize of otherwise accessed on a
b. EMPLOYEE COMPLIANCE. All employees must read, and attest to having read this Privacy
the document, employees will need to attest to having read and understand the changes to the
document. From time to time, training shall be provided to employees on this Policy Privacy and
privacy issues required to be compliant with the applicable law.
4. DATA USAGE SCHEDULE TO THE PRODUCT LICENSE AGREEMENT
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose
Personal Information other than the purposes identified below (individually and collectively, the
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer
Service and support, administrative messages, updates, and security alerts, to resolve disputes,
and to troubleshoot problems;
(ii) TO IMPROVE Company's PRODUCT: To fulfill Your requests or Company's product roadmap
for certain features of the Product, to customize, measure, and improve the Product including by
analyzing trends, tracking user movements on the Product, gathering demographic statistics
about Company's user base as a whole, and to assist Company to measure Company’s
performance and effectiveness of Company’s content, and to share Company's performance
information with others;
(iii) TO IMPROVE Company's CONTENT: Company may post Your social media content,
testimonials, and other information provided by you;
(iv) TO FULFIL Company's BUSINESS GOALS: to directly or indirectly offer or provide You with
products and services that are based on Company's analysis of Your needs as determined by
Company's analytics and the analytics of Company's third-party processors, unless You opt out;
(v) TO ENABLE Company's COLLABORATORS TO FULFIL THEIR Company's BUSINESS GOALS:
ability to provide the Product to You, Company may supply Personal Information to such Third
Party in exchange for fulfilling Company's Purpose and providing corresponding value to the third
Party Processors And End-User Data Storage Providers“;
(vi) IN THE EVENT OF AN ACQUISITION OF Company's COMPANY. In the event that the Company,
or all or a portion of Company's business, or one or more of its divisions, is acquired by one or
more third parties as a result of an acquisition, merger, sale, reorganization, consolidation,
liquidation or another similar transaction, Your Personal Information shall be one of the
transferred assets. To the extent that Company is required to do so by law, You will be notified of
any changes in ownership or uses of Your Personal Information.
(vii) TO ENABLE Company's PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO
FULFIL THEIR BUSINESS GOALS: Company may share information from or about You with
subsidiaries, joint ventures, or other companies under common control, in which case Company
the safety, rights, or property of us, Company's users, or others; (3) to prevent prohibited or illegal
activities; (4) to prevent situations involving potential threats to the physical safety of any person;
or (5) when required by any applicable law, rule, regulation, subpoena, or other legal process.
[(ix) TO PROCESS PAYMENTS: To use certain services on the Product, Company may require
debit or credit card account information (“Debit or Credit Card Information”). By submitting Your
Debit or Credit Card Information through the Product, You expressly consent to sharing of Your
information with third-party payment processors and other third-party service providers.]
(x) And to fulfill other purposes related to Company's Product, subject to Your explicit consent if
consent is required by law.
fulfil the Purpose, by tracking information about You as related to Your usage of the Product, and
correlating to other personally identifiable information collected while on the Product or
entitled List Of “Third Party Providers And End-User Data Storage Providers”). Company may also
security of Your account.
(c) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE
Company's BUSINESS GOALS: To fulfil the Purpose, Company may share Personal Information or
with Company's affiliates, acquirers or third-party collaborator or vendors (as listed in Section 5
Providers”), subject to the following conditions:
(i) USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company's service
providers are restricted from using Your Personal Information in any way other than for the
service they are providing or as it relates to Company's Purpose fulfilled by such transfer; this
collect the same type of information for the same purposes as the Purpose.
(ii) THIRD PARTIES MUST ADHERE TO Company's STANDARDS: Company ensures that such
third parties maintain reasonable and appropriate safeguards that do not breach Company's
materially from the practices already listed, Company will revise this document accordingly and
notify existing users of the change(s).
(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the
End-User hereby grants to the Company a worldwide, non-revocable, non-exclusive, perpetual,
royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute
(including without limitation, distribution online, through multiple channels, and bundled with
other applications or materials) such content, and further, the agrees to waive any moral rights to
such User Data, and agrees that the Company may modify or adapt the User Data in order to
transmit, display or distribute it over other applications and in various media. The End-User
agrees that the End-User will defend, indemnify and hold harmless the Company from and
against any Claims (as defined in the Agreement) arising from the nature of the content
submitted and/or the ownership of End-User Data and any claims of infringement of third party
intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of
Data. The Company creates benefit to all of its End-Users by analyzing the Company Data for the
purposes of Product improvements. The End-User agrees that the Company shall have the right
to collect and analyze data and other information relating to the provision, use and performance
of various aspects of the Company products and related systems and technologies, and the
Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use
such information and data to improve and enhance the Company products generally, (ii) for other
development, diagnostic and corrective purposes in connection with the Products and Services,
and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no
way connected End-User or its business.
5. LIST OF THIRD PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS
PT Distinction Ltd.