1. WHAT INFORMATION WE COLLECT
Information We Collect About You through the Services:
When you use the Services, we may collect information about you, including:
- Registration details you provide when you create an account, such as your e-mail address, telephone number, username, and password.
- Facebook profile information, such as name and email address, if you choose to log in to the Services through Facebook.
- Personal information you provide when you use the Services, including information you provide when you access or use the Services and each time you interact with the Services or otherwise with us, for example, when you update your personal information in your app, communicate with us by telephone or e-mail, and order or download updates.
- Device information such as operating system version, device type, and system performance data.
- Information you provide in public forums through the Services, including using our chat, review, comment, post or similar functionality.
- Information we receive about you from third parties (e.g., if you access the Services through a third-party platform or log-in), we may also collect your e-mail address and other information associated with that third party, and any information you have made public in connection with that service or which the third party shares with partner services). See also Section 7 (“Third Party Websites and Links”) below.
- We do not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to purchases made through the Apple App Store and Google Play Store.
Information that We Collect Automatically:
We also use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Services. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve the Services. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
“Do Not Track” is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not recognize Do Not Track signals.
2. HOW WE USE YOUR INFORMATION
The ways in which we may use your information include the following:
- To provide you with the Services and other services you request.
- To answer your questions or requests for information or handle your complaints.
- To administer your account.
- To communicate with you about your account or transactions with us and send you details or updates about features of the Services or changes to our policies.
- To create anonymized and aggregated data sets that may be used for a variety of functions, including research, internal analysis, analytics, and other functions.
- To personalize content and experiences.
- To detect, investigate and prevent activities that may violate our policies or be illegal.
- To personalize and improve the Services and user experiences, to increase the functionality and user friendliness of the Services, to deliver content or features that match user profiles or interests.
- To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the services.
- To send you offers and promotions for our other products and services.
- With your opt-in permission, we may (i) provide you with news and updates about the Company; or (ii) send you surveys to collect feedback about your experience with the Company, in order to improve the Services. You are permitted to opt out of any such communications at any time.
3. HOW WE SHARE YOUR INFORMATION
We will not share your personal information outside Oye except in the following limited circumstances which you consent to:
- When you request our referral services to forward or share certain content with a friend, such as an e-mail inviting a friend to use the Services or sharing certain content from the Services with a friend.
- When we contract or partner with a third party to provide services on our behalf, for example, with companies who provide us with certain administrative services, as well as other partners who assist us in carrying out, developing and maintaining the Services.
- In connection with the sale of a business, including merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings.
- To enforce our Terms of Service or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, to comply with legal process, including judicial warrant, rule, order or subpoena or in other cases if we believe in good faith that disclosure is required by law or regulation.
In addition, we may share anonymized and aggregated data sets with third parties, alone or in combination with anonymized information of other users.
4. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS
If you sign up to receive promotional materials from us via email and/or push notifications we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at email@example.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Services, you will receive such SMS message. Standard text message rates will apply. We will endeavor to comply with these requests as soon as reasonably practicable. Please be advised that you may not be able to opt-out of receiving certain service or transactional email messages from us that are required to provide you with our Services.
5. YOUR CONTROLS AND CHOICES
You have the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. These controls and choices include your right to:
- Correct, update and delete your registration account.
- Request access to the personal information we hold about you and that we amend or delete it.
You may exercise your controls and choices, or request access to your personal information, by modifying your profile or by contacting us at firstname.lastname@example.org or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect personal information from you, we may not be able to deliver certain services to you, and some of our Services may not be able to take account of your interests and preferences. If you have questions regarding the specific personal information about you that we process or retain, please contact us at email@example.com.
6. THIRD PARTY WEBSITES AND LINKS
Our Services may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your personal information. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services.
Please keep in mind that personal information you post on public or semi-public venues, including personal information you share on third party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. When you provide personal information to a third-party online platform, the personal information you provide may be separately collected by that third-party. The personal information the third-party online platform collects is subject to the third-party online platform’s privacy practices. Privacy choices you make on the third-party online platform will not apply to our use of the information we collect directly through our Services.
We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties.
7. CHILDREN’S PRIVACY
Our Services are not directed to children who are under 16 years of age, and we do not seek or knowingly collect any personal information from them without obtaining consent from the child’s parent or guardian. To the extent you wish to enable your child to use the Services, you must create an account for the child in accordance with our Terms of Service and provide consent for us to collect such information from your child. If we become aware that we have unknowingly collected personal information from a child under 13 years of age without such consent, we will make commercially reasonable efforts to delete such information from our database. Please note, however, that we may provide services to a child without parental consent for the purposes of protecting the health or safety of that child. In such cases, we will use reasonable efforts to provide a parent with notice that the child has registered for our services.
If you are the parent or guardian of a child under 13 years of age who has provided us with personal information, you may contact us to request it be deleted.
8. SECURITY AND DATA RETENTION
9. CALIFORNIA RIGHTS
If you are a user of the Services and a California resident under the age of 18, you may request to have your posted content or personal information removed from the publicly viewable portion of the Services by contacting us directly. Content or information may not be removed from our systems or databases. In certain situations, content or information cannot be removed.
We do not share personal information as defined by California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) with third parties for their direct marketing purposes.
10. EU/EEA/UK Privacy Rights
If you are located in the European Union, the European Economic Area, or the United Kingdom, this Policy is supplemented by our “Additional Privacy Statement for EU, EEA and UK Users” section which explains your privacy rights and how you can exercise these rights (among other matters).
12. HOW TO CONTACT US
Any questions or concerns regarding the use or disclosure of personal information should be directed to firstname.lastname@example.org.
You may contact us regarding the Services of Oye, by e-mail at email@example.com.
Additional Privacy Statement for EU, EEA and UK Users
Purpose and legal basis for processing
- With your consent. At times, we ask for your consent to use your personal information in a certain way and will only do so if you agree. Examples of occasions when we rely on consent include when sending you electronic marketing communications such as text or e-mail or when holding sensitive personal information about you. Whenever we use your information for a purpose based on consent, you have the right to withdraw your consent for us to use your information for this purpose at any time (as described in “your privacy rights” below).
- As necessary to perform our agreement with you, including when you agree to our Terms of Service.
- As necessary to comply with our legal obligations. For example, in some cases we may need to share your information with regulators, law enforcement agencies, public authorities, or any other relevant organisations in response to a legal obligation.
- As necessary for the establishment, exercise or defence of legal claims.
- As necessary to protect the vital interests of an individual.
- As necessary for our legitimate interests, such as to provide you with the Services. In certain cases, we collect and use your personal information on the basis of our “legitimate interests” provided our use is reasonable and does not unduly impact on your rights. We consider our legitimate interests to include all of the day-to-day activities we carry out in our effort to help you better work through your feelings, emotions and thoughts in a way that is both healthy and productive.
Some examples where we rely on legitimate interests are:
- Measuring how our audiences respond to a variety of marketing activity so we can ensure our activity is well targeted, relevant and effective; and
- Monitoring individuals’ use of our website or apps for technical, quality and improvement purposes.
When we rely on legitimate interests to process your personal information, we also consider and balance any potential impact this may have on you (both positive and negative) and your rights under data protection law. If we find that our interests are overridden by the impact on you and your rights then we will not process your information in that way, for example, where collection or use of your information would be excessively intrusive unless we are required or permitted to do so by law.
Your privacy rights
If you are based in the EU, EEA, or UK for the purpose of the EU and UK General Data Protection Regulation, in certain circumstances, you have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with applicable data protection laws.
- Right not to provide consent or to withdraw consent. We may seek to rely on your consent to process certain personal data. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
- Right of access and/or portability. You may have the right to access the personal data that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or “port” that data to another provider.
- Correction: You have the right to correct any of your personal data we hold that is inaccurate.
- Right of erasure. In certain circumstances, you may have the right to the erasure of personal data that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected, unless we have a legal obligation to retain your personal data, are required to retain your personal data for reasons of public interest or for the establishment, exercise or defence of legal claims).
- Right to object to processing. You may have the right to request that Oye stop processing your personal data and/or to stop sending you marketing communications.
- Right to rectification. You may have the right to require us to correct any inaccurate or incomplete personal data.
- Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).
- Right to lodge a complaint to your local Data Protection Authority. You have the right to complain to your applicable data protection authority about our collection and use of your personal data.
How to Exercise Your Rights
To exercise any of the rights above, email us at firstname.lastname@example.org.
Please identify yourself and specify your request. If you have a password protected Oye account, we may use your account information to verify your identity. If not, we will ask you to provide additional verification information. What we request will depend on the nature of your request, how sensitive the information is, and how harmful unauthorized disclosure or deletion would be.
Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law, for example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests, or where we are required by law to retain your personal data.
If you are a resident of the EU, EEA or UK, and your personal data is transferred outside of the EU, EEA or the UK, as applicable, we transfer this data where this is necessary to perform our contract with you in order to provide the Services or where you consent.
Where we transfer personal data to third parties outside of the EU, EEA or the UK, we also rely on the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), or any equivalent contracts issued by the relevant competent authority of the EU, EEA or the UK, as applicable, unless the data transfer is to a country that has been determined by the European Commission or the relevant UK authorities to provide an adequate level of protection for individuals’ rights and freedoms with respect to their personal data.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Services. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve the Services. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.