1. Personal Information We Collect
When we refer to “personal information” in this Privacy Policy, we mean information that relates to an identifiable individual. The following types of personal information are collected in connection with our Service:
Information You Provide Directly to Us or we receive from Third Parties
We may collect information directly from you or from other companies with whom you have a relationship:
· When you create an account and register for our Service, you provide us with information such as, your email address, date of birth, gender, mobile phone number.
· When you login with a third party account, we receive information about you from third parties including from other companies such as Facebook, Apple, Google. For example, we will get access to information such as your social media account information, nickname, email address, date of birth, gender, profile information and your friend list (depending on your choices).
· If you choose to, additional information that you can add to your profile, such as a bio, links to your social media accounts.
· When you start using the Service, we collect user-generated contents, including comments, short messages, photos, voice and videos calls (including captured picture thereof), that you choose to share, transmit, and/or upload on our Service.
· When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.
· If you contact us (e.g., through our customer care team), we collect the information you give us during the interaction.
· Users may provide information about you as they use our Services, for instance as they interact with you or if they submit a report involving you.
Information about Your Use of Our Service
In addition to the information you provide, we will collect information about your use of our Service through software on your devices and by other electronic means. This includes:
· Device information: We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, none direct display of content moderation, and mobile network information (including the mobile phone number).
· Log information: Usage information, such as, URL, redirected URL, performance timing, referrer, network type, network info, charge status, ad block info, cookies, access and reports history.
· Location information: We will process your location or geographical information based on your consent or if permitted, where this is necessary to deliver the Service you have requested.
· Service usage information: Service use history, Service activity history, gifting history, purchases, consumption and refund history, details of your interactions with other users including following or followed history, details of interaction between you and the Service or you and our website including report history, time spent using our Service, and other information about your use of our Service.
Links to Other Websites, Devices, Apps and Features
Our Service may enable you to connect to other websites, devices, apps and other features, which may operate independently from us and have their own privacy notices or policies. If you accessed a website, product or service provided by a third party, including through the Service or Company's website, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party.
2. Personal Information of Children
The Service is not directed to children under the age of eighteen (18) and we do not knowingly solicit or collect personally identifiable information from children under the age of eighteen (18) as part of the Service. Additionally, we do not knowingly sell the personal information of children under the age of sixteen (18). If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen (18) as part of the Service, we will immediately delete such information from our records. If you believe that a child under the age of eighteen (18) may have provided us with personal information, please contact us support@cherrytalk.me.
3. How We Use this Information
Provision of our Service based on your contractual relationship with us
We process your personal information when this is necessary under our contract with you, to:
· Develop, operate, improve, deliver, maintain, and protect our products and services.
· Communicate with you.
· Monitor and analyze trends and usage.
· Personalize the services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads.
· Enhance the safety and security of our products and services.
· Verify your identity and prevent fraud or other unauthorized or illegal activity.
· Use information we’ve collected from cookies and other technology to enhance the services and your experience with them.
· Enforce our Terms of Service and other usage policies.
We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.
Use of information for further purpose
· To restrict use of Service that violates laws and our Terms of Service, to prevent use of Service that interfere with the operation of the Service, including fraudulent use, and to prevent account theft.
· Comply with and enforce requirements under applicable laws, relevant industry standards and our policies, including this Privacy Policy.
· Comply with court orders and subpoenas, and respond to legally binding requests from government, law enforcement agencies, public authorities and/or regulators.
· Protect our legal rights, including by handling complaints, obtaining legal advice and establishing, exercising or defending legal claims relating to us or other companies in our group and our Service.
4. Sharing of Information
We transfer or disclose your personal information to third parties as described below:
· Affiliates, subsidiaries, partners and personnel: We may share information with entities within the CherryTalk team of companies.
· Service providers: We also transfer or disclose your information to carefully selected companies that provide services on our behalf; for example companies that help us develop and operate systems for our Service, payment and refund service providers, providers of IT services, security, hosting, analytics, mailing, billing or marketing services. These entities are only authorized to access and use your personal information to the extent this is necessary for them to provide us with their services and they are not allowed to use this information for other purposes.
· Business advisors: We may share, for example, your information with our lawyers, accountants, business consultants, insurers, and auditors, to the extent it is necessary for them to provide us with their services.
· Government authorities, judicial authorities, regulators or other third parties where required: We will disclose personal information to government authorities, judicial authorities, regulators or other third parties where we have a legal requirement to do so or where we believe this is necessary:
· to comply with the law or respond to compulsory legal processes (such as a search warrant, subpoena or court order);
· to verify or enforce compliance with the terms and policies governing our Service and to investigate fraud or other unlawful activity relating to the use of our Service or affecting our business, to the extent such disclosure is permitted by applicable data protection laws; and
· to protect and defend our rights, property, and the security or safety of our business operations and those of any of our respective affiliates, staff, business partners, our customers or members of the public.
· Corporate transactions: We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
· Other parties with your consent or on your request. In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you separately consent to or request such sharing.
Any information or content that you voluntarily disclose for posting to the Service ("User Contents") may become available to the public. Once you have shared User Contents or made it public, that User Contents may be re-shared by others. This Privacy Policy does not apply to such public information.
5. Retention of Personal Information
We take appropriate steps to ensure that we process and retain information in accordance with the following principles:
· at least for the duration for which the information is used to provide you with our Service;
· as required under law, a contract, or with regard to our statutory obligations (e.g., tax laws); or
· only for as long as it is necessary for the purpose for which it was collected, is processed, or longer if required under any contract, by applicable law, or, in anonymized form, for statistical purposes, subject to appropriate safeguards. For example, if a dispute arises between you and Company or you fail to make payment for our Service, we may retain relevant information until such dispute is resolved or until such payment is made, respectively.
· Where we process your information with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of your requests in order to respect them in future.
6. How We Protect Personal Information
We take the protection of your information seriously and we have in place safeguards designed to protect the information we collect through our Service. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system, or wireless connection is completely secure.
Please note, however, that the Service allows you to share text messages, photos, screenshots, videos and other communications in the Service with other users, and if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). The Service is not responsible for any use or misuse of information you share.
7. Your Rights
We want you to be in control of your information, so we provide you with the following tools.
· Access and Updates. We strive to let you access and control the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users or is unlawful. You can access and update your account information right in the app by visiting the app’s Settings page. If you need to access, update, or delete any other personal information that we may have, you can put in a request here. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. You can also remove our service from your mobile device or process account deletion.
· Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your phonebook, camera, photos, or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality.
· Erasure. You have the right to ask for your personal information to be deleted in certain circumstances. Please note that your right to erasure may be limited if the data are necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims.”
· Restriction on Processing:You have the right to object to and ask for restrictions on the processing of your personal information in certain circumstances.
· Objection: You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal information.
CherryTalk shall no longer process the personal information unless CherryTalk demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
8. Data Removal
You can choose to remove your data anytime you want. If you ask us to delete your account, we will use commercially reasonable efforts to remove your data from our servers, subject to any applicable legal or other requirement to maintain certain records of your personally identifiable data. Please note that the deletion of your personally identifiable data from our database may result in us not being able to provide you with the Service.
If you need to delete any data or personal information that we may have, you can simply tap “Me-Settings-About CherryTalk-Delete Account”, but we may ask you to verify your identity or provide additional information before we let you delete your personal information.
9. Updates to Our Privacy Policy
We reserve the right at our discretion to make changes to this Privacy Policy from time to time. We will notify you before we make changes to this Privacy Policy. You may also review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Service and our website, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy.
If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you may not use the Service at any time.
10. Analytics and Advertising Services Provided by Others
We may let other companies use cookies, web beacons, and similar tracking technologies on the services. These companies may collect information about how you use the services and other websites and online services over time and across different services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.
Additionally, some companies may use the information CherryTalk collect on our services to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps. CherryTalk does not currently respond to do-not-track signals that may be sent from your device. If we do so in the future, we will provide information about that practice in an updated version of this privacy policy.