Legal Documentation
For UK/EU Data Subjects - Supplementary to the General Privacy Policy
Introduction
This privacy notice is supplementary to the general Privacy Policy and applies to anyone who lives in the European Union or the United Kingdom. (“we”, “us” or “our”). Capitalized terms will have the meaning ascribed to them in the Privacy Policy.
We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you use our Application (regardless of where you access it) and will tell you about your privacy rights and how the law protects you.
Purpose of this privacy notice
This privacy notice aims to give you information about how we collect and process the personal data of individuals living in the UK or the EU through the use of the Application, including any data you may provide to us when you download it.
The Application is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller
We are the controller of, and has responsibility for, personal data collected about you through our Application.
If you are a data subject in the EU or the UK, you have the right to make a complaint at any time to your supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
We keep our privacy policy under regular review. This notice was last updated in May 2022. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
Our website and the App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.
We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, under UK and European Union (“EU”) legislation, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
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Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
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Contact Data includes email address and telephone numbers.
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Technical Data includes an internet protocol (IP) address, your login data, internet service provider (ISP), referring/exit pages, browser type and version, time zone setting and location, clickstream media, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Application.
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Profile Data includes your profile name or username and password, profile picture and other profile information, phone numbers in your mobile phone address book which includes those of other Application users, and your messages.
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Usage Data includes information about how you use our Application; your account settings; how you interact with other users on the Application; the time, frequency, and duration of your activities and interactions on the Application; performance logs and reports; information about when you registered to use the Application; features that you use; when you last used the App; and when you last updated your information with us.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered to be personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Application. No single individual’s information can ever be seen because all personal data is made anonymous and aggregated with at least five other users of the Application. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We may collect information about your religious or philosophical beliefs if you consent to provide us with this information in order to identify users of a similar faith and religious communities close by that may be of interest to you. We do not collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. In the event you no longer want us to process information about your religious or philosophical beliefs, you may edit your account and delete that information (which will be effectively withdrawing consent).
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, you may not be able to access the Application or some of its features.
How is your personal data collected?
We use different methods to collect data from and about you including through:
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Direct interactions. You may give us your Identity, and Contact Data by filling in forms or by corresponding with us by email or through the Application. This includes personal data you provide when you log-in to the Application.
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Automated technologies or interactions. As you interact with the Application, we may automatically collect Usage Data, Profile Data, and Technical Data about your equipment, browsing actions and patterns.
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Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Technical Data, for example from analytics providers such as Google LLC based outside the UK and EU.
- Technical Data, Usage Data, Profile Data, Contact Data, and Transaction Data from providers of technical and payment services such as Stream.io, Inc. based outside the UK and EU.
- Identity Data, Contact Data, Profile Data, Usage Data, and Technical Data from mobile application providers, such as Google LLC and Apple, Inc.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
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Where we need to perform the contract we are about to enter into or have entered into with you, for example to provide you with access details to the Application;
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Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (for example, to manage our records and to develop, and improve the appeal of, the Application); or
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Where we need to comply with a legal or regulatory obligation.
Please see the Glossary at the end of this privacy notice to find out more about the types of lawful bases that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data (except as it pertains to your religious affiliations). However, we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Cookies
The application does not currently use cookies but may do in the future. If we do begin to use cookies we will bring this to your attention.
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, downloaded the App, or purchased a subscription from us and you have not opted out of receiving that marketing. Although we currently do not plan to have any third-party marketing within the Application, if we decide to do so, we will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
You agree that we have the right to share your personal information with selected third parties including:
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Business partners, suppliers and sub-contractors, including data storage centres, for the performance of any contract we enter into with them or you; and
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Analytics and search engine providers that assist us in the improvement and optimisation of the Application.
We will disclose your personal information (although we will disclose only the minimum amount of information necessary) to third parties:
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In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
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If BeNaborly, Inc. or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
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If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of BeNaborly, Inc. our customers, or others. This includes exchanging information with law enforcement and other government authorities or other companies and organisations for the purposes of fraud protection or other illegal activity and the prevention of death or imminent bodily harm.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
Our company is located in the United States, and as such please be aware the information we collect, including your personal data, will be transferred to, stored, processed and used in the United States in order to provide you with access to the Application. We store your personal data on Google LLC’s Google Cloud Platform and on Stream.io, Inc.’s servers located in the United States.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. For technical reasons only, your Application messages will be indefinitely stored on the servers that send and receive messages via the Application, but this data is not used for any purpose other than for the use of the Application.
Your legal rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
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Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
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Request the correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
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Request the erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
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Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
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Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
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Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
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Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time of your withdrawal.
If you wish to exercise any of the rights set out above, please either use the functionality on the Application (if applicable), or contact us by email at info@SoulHaven.app.
You can request an electronic copy of the information you have provided to us through the App or the deletion of your personal data by emailing us at info@SoulHaven.app.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary
Lawful Basis:
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“Legitimate interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
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“Performance of contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
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“Comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.