PRIVACY POLICY
September 05, 2022
Btrfly S.E. is committed to protecting your privacy and complying with applicable data protection and privacy laws. This Privacy Policy ("Policy") is designed to help you to understand what kind of information we collect in connection with our mobile application BTRFLY (hereinafter referred to as "Application") and how we process and use such information. Throughout this Policy the term "personal data" means information relating to an identified or identifiable individual (i.e. a natural person).
" Btrfly S.E." refers to Btrfly S.E., with its registered seat at Bajkalská 45G, 821 05 Bratislava, Slovak Republic, the company ID: 54184801, including all its group companies, affiliates and subsidiaries from time to time (also referred to as "we", "us", or "our"). You acknowledge that your personal data collected may be used in accordance with this Policy by and for one or more Btrfly S.E. group companies or other companies as the case may be, which will be regarded, individually or jointly, as data controllers in respect of your personal data. If Application is transferred, assigned or passed to a new owner or operator, this new owner or operator will replace Btrfly S.E. as data controller.
This Policy applies to personal data collected in connection with Application or from other interactions with us where a link or other appropriate reference of incorporation to this Policy is made, for example, in connection with our other products, websites, applications and other types of services offered by Btrfly S.E. typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns.
Our products or services may also contain links to other companies' websites and other third party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. Btrfly S.E. is not responsible for the privacy practices or contents of any such third party services.
Where a consent from you to the processing of personal data described in this Policy is required under the applicable law, such consent will be obtained by appropriate mechanism such as ticking a box stating your consent, choosing technical settings for Application, service or website, or other statement or conduct clearly indicating your acceptance to the processing, depending on the product, website, service or application you are using.
It is crucial that you understand how and why we collect, use and share your personal data when you install, access and use Application or when you otherwise interact with us, always in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”).
We have taken appropriate technical and organisational measures to protect the personal data retained by us against unauthorized access and misuse. Our security procedures are revised regularly and adapted to reflect technological progress.
1.1. We collect
information you directly
provide to us while you install and use Application including your
registration.
This includes:
1.1.1. First
name (e.g. Thomas) - within registration process we collect first
name of Data Subjects in order to be able to:
1.1.1.1. communicate
with registered users about products, services, offers, promotions, and events,
1.1.1.2.
provide other news and information we think will be
of users' interest, and also
1.1.1.3.
allow registered users to be known / identified
while using Application.
1.1.2. Age -
within registration process
we collect age of Data Subjects in order to enable other registered
users to consider this information when deciding to start a communication with
you through Application in accordance with a main purpose of the Application
(seeking an appropriate partner and dating with him or her).
1.1.3. Place of occurrence or interest -
within registration process
we collect age of Data Subjects in order
to allow registered users to use functionality of Application enabling
registered user to see other persons within respective place or to be seen by
other registered users within respective place, area, city or region.
1.1.4. E-mail
address - within registration process we collect email
address of Data Subjects in order to authenticate yourself and provide you
information about Application, another products, services, offers, promotions,
and events.
1.1.5. Phone
number - within registration process we collect phone number
of Data Subjects in order to authenticate yourself and provide you information
about Application, another products, services, offers, promotions, and events.
1.1.6. Profile
photo - within registration process we collect photo of
Data Subjects, but such information about registered user (even other persons
located on respective photo) could be based on Application functionality
uploaded to the account of the registered user (profile photo); however, we
reserve the right to remove the photo in question if its content is unethical,
inappropriate or contrary to law.
1.1.7. Other
Information - in order to provide you and other registered users
quality customer support and service, such as process your request, question,
demand, requirement etc. and ensure other communication with our registered
users, we may process other Information, such
as:
1.1.7.1. Device information, such as the device name, device identification code (IMEI, ESN, MEID, and SN), device activation time, hardware
model, OS version, application version, software identification code, and
device and application settings (such as region, language, time zone, and font size).
1.1.7.2. Mobile
network information, such as the public land mobile
network (PLMN), provider ID and Internet
Protocol (IP) address.
1.1.7.3. Log information - when you use Application we automatically collect
and log some information,
such as the time of access, access
count, IP address,
and information about incidents (such
as errors, crashes, restarts, and upgrades).
1.1.7.4. Location
information - we will collect, use, and process the approximate
or precise location of your device; location information can be obtained based
on the GPS, WLAN, Bluetooth and service provider
network ID; you are free to choose
if you want to enable
gathering of Location
information. Please note that simply by installation of the Application on your devices, Location information is not gathered from you. Location information are gathered solely on your decision to enable collection of Location information in the settings menu of the installed Application, In the same settings menu of the Application, you can disable the location permissions to reject sharing your Location information.
1.2.
We do not intend to process special
categories of data, such as personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs and the processing of
genetic data, biometric data for the purpose of uniquely identifying a natural
person, data concerning health or a natural person's sex life or sexual
orientation, unless the individual has given explicit consent to the processing of such data.
1.3.
Please note that collecting of
personal data under section 1.1 is not automatic and comes into consideration only after they have been provided to us by the Data Subject in order to use the specific
functionality of the Application. In the event that the Data Subject
does not wish his or her personal data to be further processed, he
or she is entitled to contact us at any time with an appropriate request to
exercise any of the rights set out in section 8 of this Privacy Policy.
2.1. We process
abovementioned personal data about you for the following purposes:
2.1.1. to
allow the Data Subject to use Application and its functionalities chosen by
registered user [performance of a contract to which the data subject is
party - legal basis according to the Article 6 (1) b) GDPR, even if we are
not a contractual party of such contract].
2.1.2. to
fulfil our obligations arising from the law [compliance with a legal
obligation - legal basis according to the Article 6 (1) c) GDPR].
2.1.3. establishment,
exercise or defence of legal claims or whenever courts are acting in their
judicial capacity [our legitimate interests - legal basis according to
the Article 6 (1) f) GDPR].
2.1.4. to
the extent of personal data pursuant to section 1.1 provide such personal data
to third parties allowing them to carry out business activities
[consent - legal basis according
to the Article 6 (1)
a) GDPR].
2.2. We also process your information for our legitimate interests [legal basis according to the Article 6
(1) f) GDPR] and those of third parties while applying appropriate safeguards that protect your privacy. This means that we process your information for things like notably:
2.2.1. to
identify you as an individual or entity or in some cases to perform our
knowledge of your procedures and checks;
2.2.2.
to maintain and improve Application;
2.2.3.
to measure performance;
2.2.4. to
communicate with you about products, services, offers, promotions, and events,
and provide other news and information we think will be of interest to you;
2.2.5.
to prevent or detect fraud;
2.2.6. to
protect against harm to the rights and freedoms of the physical persons,
property or safety of Data Subjects, as required or permitted by law;
2.2.7.
to send you Application updates and installation notifications;
2.2.8.
to synchronise, share, and store the data you have provided;
2.2.9.
to process pursuant to laws and regulations, e.g.
tax, authority requests.
2.3.
Our legitimate interest lies in
conducting and managing our business and other abovementioned purposes. We
consider and balance any potential (positive and negative) impact on you and
your rights before we process your personal data for our legitimate interests
to make sure that our interests are compelling enough. We will not use your personal
data for activities where our interests will be overridden by the impact
on you. We conducted and documented an internal legitimate interest assessment that determined: (i) our legitimate interests, (ii) that the processing is necessary for our legitimate interests; and (iii) that your interests
and fundamental rights
do not override those
interests. You can obtain further information about how we assess our
legitimate interests against any potential impact on you by contacting us at [support](at)[btrfly].[app].
2.4.
We may process and use your
personal data for marketing. Marketing purposes may include using your personal
data for personalized marketing or research purposes in accordance with
applicable laws, for example, to conduct market research and to communicate our
products, services or promotions to you via our own or third parties'
electronic or other
services. In addition,
some of our products and services
may be used to promote
products and services
of other companies. However, Btrfly S.E. does not disclose your personal
data to such companies for their marketing purposes without your prior consent.
2.5.
We may process and use your
personal data for profiling/personalization for such purposes as targeted
direct marketing and improvement of our products or services. We may also
create aggregate and statistical information based on your personal
data. Profiling/personalization includes automated processing of your
personal data for evaluating, analyzing or predicting your personal preferences or interests in order to, for example,
send you marketing messages concerning products or services best suitable for you.
2.6.
We
will process the information that we collect
about you during
the term, which is necessary for the purposes for
which such information is processed (i.e., within the period, when your user
account is active, within the period required by the law or period necessary for
the establishment, exercise or defence of legal claims, etc.).
2.7.
The provision of above specified
personal data is voluntary, nevertheless in case you do not provide such
information to us, we may not be able to provide you with functional Application.
3.1.
Consent is gathered within
the installation process
of Application whereas
the provision of consent is not a condition of
installation or further usage of Application.
We assure you that only the active ticking of the consent box before the Application is installed is considered as freely given consent, otherwise we will not proceed to the processing of your personal data for the purposes stated below.
Consent is gathered for the following purposes:
3.1.1. disclosure
of personal data of data subject to third parties (companies other than
controller) for their marketing purposes (promotion of products and services of
such companies) (“marketing of third
parties”), and
3.1.2.
use of cookies for the purposes stated within
section 3.2 below.
For the purposes stated above following personal data will be processed:
§ Name
§ Age
§ Place of
occurrence or interest
§ E-mail address
§ Phone number
§ Profile photo
§ Other information;
see section 1.1.7 above.
Cookies
3.2.
A cookie (also called web cookie,
Internet cookie, or simply a cookie) is a small piece of data sent from
Application and is stored in the user’s device while the user is using Application.
We set third party cookies on behalf of companies that provide space for the display of advertising while using Application.
We may use cookies to establish a relationship between devices or data pertaining to the same user. If we already have information about a device’s user, we may link the information stored in cookies to the device’s Ad ID.
We use this information to facilitate the delivery of you targeted advertisements.
4.
HOW WE SHARE INFORMATION
4.1.
In certain specific cases we might
use our business partners to perform certain services for us, however, generally
these are standardized services and we bind our business partners
with protection of your
personal information.
4.2. We might also
share your information with the following categories of recipients such as:
4.2.1. other registered users in accordance with a main purpose of the Application (seeking an appropriate partner and dating with him
or her);
4.2.2.
our hosting provider;
4.2.3. owners
of media properties and other companies that send targeted advertising to
mobile consumers;
4.2.4.
data centres provided by third parties.
4.3.
We will not share, sell, or give
away any of our users’ personal information to third parties, unless one (or
more) of the following circumstances applies:
4.3.1. We
may share information (and will attempt to provide you with prior notice, to
the extent legally permissible) in response
to a request for information if we believe
disclosure is in accordance with, or required by, any applicable law,
regulation, legal process or governmental request;
4.3.2. We
may share information in response to an emergency if we believe it's necessary
to prevent imminent and serious bodily harm to a person;
4.3.3. We
may share information if we believe your actions are inconsistent with our
terms of use, this Policy or our other policies, or to protect the rights,
property, and safety of ourselves or others;
4.3.4. We
may share information between and among us, and our current and future parents,
affiliates, subsidiaries, and other similar companies, including a new operator of Application in case of transfer
or assignment of Application;
4.3.5.
We may share information with your consent or at our
own discretion.
4.4.
We may share aggregated or
anonymized information, which cannot reasonably be used to identify you, even
if it is based on your personal data.
5.1.
Personal data of our users will be transferred, processed and stored
on servers located
in the EU. We may subcontract processing to, or share
your information with, third parties located in countries other than your home
country, but not third countries. In order for us to be able to provide you
Application, you acknowledge that your personal data may be processed,
transferred and stored in other countries, where
you may not have the same rights as you do under your local law. Regardless of where your information is
processed, we apply the same protection as described in this Policy.
5.2.
In addition, personal data of users
may be transferred to countries, which based on the EU Commission decision do
not ensure an adequate level of protection (“third countries”). Hereby you
specifically acknowledge that your personal data may be transferred to third
countries. In such a case, we will take necessary effort to make use of
solutions that will provide you with enforceable and effective rights as regards the processing of your data once those have been transferred, so that
you may continue to benefit from fundamental rights and respective safeguards.
6.1.
We take appropriate technical and
organisational measures to help protect information about you from loss, theft,
misuse and unauthorized access, disclosure, alteration, and destruction.
6.2.
We
take reasonable and feasible measures
to ensure that the personal
data collected is minimal and relevant to what is necessary in
relation to the purposes for which they are processed. We retain your personal
data for no longer than is necessary for the purposes stated in this Policy,
unless extending the retention period is required or permitted by law.
6.3.
We are committed to protecting your
personal data. Nevertheless, no security measure is perfect and no product,
service, website, data transfer, computing system, or network connection is
absolutely secure.
7.1.
The Application is not intended or
directed at individuals under the age of 16. We do not knowingly collect
personal information from individuals under 16 (“the Age Limit”). If you are
under the Age Limit, please do not use Application and do not provide any
personal data to us.
8.1.
You as a data subject (“the Data
Subject” or “user”) have the right to request the access and rectification or erasure of personal data or restriction of processing or to object
to processing as well
as the right to data portability. Further, you have a right to lodge a
complaint with a respective supervisory authority (Office for personal data
protection of the Slovak Republic, Hranicna 12, 820 07 Bratislava, Slovak
Republic; statny.dozor(at)pdp.gov.sk).
8.2.
The right to rectification is the right
of the Data Subject to obtain without
undue delay the rectification
of inaccurate personal data concerning him or
her.
8.3.
The right to erasure
is the right of the Data Subject
to obtain the erasure of personal data concerning
him or her without undue delay, where:
8.3.1. the personal
data are no longer necessary
in relation to the purposes
for which they were collected or otherwise processed;
8.3.2. the
user withdraws consent on which the processing is based and where there is no
other legal ground for the processing;
8.3.3. the
Data Subject objects to the processing and there are no overriding legitimate
grounds for the processing;
8.3.4.
the personal data have been unlawfully processed;
8.3.5.
the personal data have to be erased for compliance
with a legal obligation in the law;
8.3.6.
the personal data have been collected in relation to
the offer of information society services.
The exercise of the right to erasure is subject to respective limitations set by the applicable law.
8.4. The Data Subject
has the right to restriction of processing, when:
8.4.1. the
accuracy of the personal data is contested by the Data Subject, for a period
enabling us to verify the accuracy of the personal data;
8.4.2. the
processing is unlawful and the Data Subject opposes the erasure of the personal
data and requests the restriction of
their use instead;
8.4.3. the
personal data are no longer needed for the purposes of the processing, but they
are required by the Data Subject for the establishment, exercise or defence of
legal claims;
8.4.4. the
Data Subject has objected to processing, pending the verification whether the
legitimate grounds of us override those of the Data Subject.
8.5.
The Data Subject shall have the
right to receive the personal data concerning him or her, which he or she has provided
to us, and have the right to transmit those data to another controller, where
technically feasible, where the processing is based on consent pursuant or on a contract and the processing is carried out by automated means.
8.6.
The Data Subject shall have the right to object, on grounds relating
to his or her particular situation, at any time to processing of personal data concerning
him or her which is based on Article 6 (1) e) and f) GDPR, including profiling
based on those provisions.
8.7.
Where personal data are processed
for direct marketing purposes, the Data Subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing,
which includes profiling to the extent that it is related to such direct marketing.
8.8.
Subject to the respective statutory limitations set by the applicable law, the Data Subject shall have
the right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him or her or
similarly significantly affects him or her.
9.1.
We may change this Policy from time
to time. When we make material changes, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Application or by
sending you an email. We encourage you to review the Policy whenever you access
or use Application or otherwise interact with us to help protect your privacy.
10.1. Questions or
comments about this Policy may be directed to
[support](at)[btrfly].[app].
Our external Data Protection Officer is [Tomas Krc]. [support](at)[btrfly].[app]
Last updated: 05 September 2022.