I. ABOUT THIS PRIVACY POLICY
- 1.1.
In this privacy policy we, UAB Nix Technologies, company code 305945603, with our registered office at UĆŸupio str. 26-6, Vilnius, Lithuania, office address at AludariĆł str. 3. Vilnius, Lithuania (âCompanyâ, âweâ, âusâ or âourâ), explain:
(b) use our mobile app âBoomerangoâ (the âMobile Appâ);
(c) contact us through our official social media pages or email.
- 1.2.
In this notice you will find the answers to the following questions:
(a) how we use your data, including children under 13 (in the US) data and children under 16 (in the EU) data (the âChildâ, âChildrenâ);
(b) when we provide your data to others;
(c) how long we store your data;
(d) what is our marketing policy;
(e) what rights related to personal data you possess;
(g) other issues that you should take into account.
- 1.3.
This privacy policy is in accordance with General Data Protection Regulation (âGDPRâ), California Consumer Privacy Act (âCCPAâ), including the U.S. Childrenâs Online Privacy Protection Act (âCOPPAâ), and outlines our practices in the United States and European Union regarding childrenâs personal information.
- 1.4.
OUR MOBILE APP IS INTENDED AND DESIGNED FOR THE USE BY CHILDREN. WE PROCESS CHILDREN'S DATA ONLY WITH VERIFIED PARENTAL CONSENT. HOW AND WHAT CHILDREN'S PERSONAL DATA IS PROCESSED IS SPECIFIED IN SECTION V OF THIS PRIVACY POLICY.
- 1.5.
In case of any inquiries or if you would like to exercise any of your rights provided in this notice, you may submit such inquiries and requests by means provided in Contacts section.
- 1.6.
You may also contact Data Protection Officer of the Company regarding all privacy related issues by email:
[email protected] - 1.7.
All the definitions used in this privacy policy have the same meaning as prescribed in Companyâs General Terms and Conditions unless expressly provided otherwise in this privacy policy. This privacy policy forms an integral part of Companyâs General Terms and Conditions.
- 1.8.
In the event this privacy policy is translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless otherwise provided.
II. HOW WE USE PERSONAL DATA?
- 2.1.
This Section provides the following information:
2.1.1
categories of personal data that we process;
2.1.2
in case of the personal data that we did not obtain directly from you, the source and specific categories of that data;
2.1.3
the purposes for which we may process your personal data; and
2.1.4
the legal bases of the processing.
- 2.2.
We process the parents account data (âAccount Dataâ) that we receive when the parents purchase a subscription of the Mobile App, create and manage the Mobile App account. The Account Data may include the following: email address, chosen subscription plan, shipping details (first name, last name, street address, apartment or suite, town or city, zip code, state, country, phone number), payment method (paypal or credit card), credit card details (car holderâs name, surname, card number, date, CVC). We obtain the Account Data directly from the parents. The legal basis for processing the Account Data is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- 2.3.
We process test quiz data provided by the parents during the test quiz (âQuiz dataâ). The Quiz Data may include the following: information on how many children the parents have, Children age, information about the most challenging part about parentâs childrenâs healthy habits (e.g. food choices, physical activity, drinking more water, regular bad time). We obtain the Quiz Data directly from the parents. The legal basis for the processing is your consent.
- 2.4.
We process Children's Data when the Child uses the Mobile App (âChildrenâs Dataâ). Therefore, Childrenâs Data is obtained directly from the Child using the Mobile App. Childrenâs Data may include the following: steps, information about food and water consumed, information on how long the Child used the mobile application, information about the avatar used by the Child (i.e. how the avatar was dressed). The Child can use the Mobile App only through the Mobile App account created by the parents and with the parentsâ consent. Therefore, the legal basis for processing of Childrenâs Data is the parentsâ consent. We use Childrenâs Data in order to provide the services to the parentsâ according to the subscription agreement concluded between the parentsâ and us. More information about the processing of the Childrenâs Data is indicated in Section V of this privacy policy.
- 2.5.
We may process information that you provide to us for the purpose of subscribing to our email messages and newsletters (âMessaging Dataâ). The Messaging Data is processed to send you the relevant messages and newsletters. The legal basis for this processing is your consent. Also, if we have already sold goods or provided services for you via our Website and / or Mobile App, and you do not object, we may also process Messaging Data on the basis of our legitimate interest, namely seeking maintain and improve customer relations. We do not send any messages or newsletters to the Children.
- 2.6.
We may process information relating to any communication that you send to us (âCorrespondence Dataâ). The Correspondence Data may include the communication content and metadata associated with the communication. The Correspondence Data is processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website and Mobile App, ensuring uniform and high-quality consultation practice and for investigating disputes between you and our employees. We do not send any correspondence to the Children.
- 2.7.
We may process information on your device (âDevice Dataâ) when you are browsing our Website or use the Mobile App. When you use the Mobile App Device Data may include: device ID, operating system, downloads, installs, user ID. When you use the Website, Device Data may include IP address, browser type and version, operating system, device type, as well as information on the motion activity, use of our Website (i.e. referral source, length of visit, page views and Website navigation paths, as well as information about the timing, frequency and pattern of your service use). We obtain such data through the use of cookies and similar technologies. Device Data is processed to monitor the performance metrics of our services as well as for securing both the Website and the Mobile App. The legal basis for this processing is your consent and our legitimate interest, namely the proper management of our Website, the Mobile App.
- 2.8.
We may process any personal data identified in this privacy policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- 2.9.
We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining the proper protection of our business against risks.
- 2.10.
In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is protect your vital interests or the vital interests of another natural person (if applicable).
- 2.11.
Should the purpose or legal basis of data processing activities indicated in this paragraph change, we will inform you and, if the consent was the legal basis for data processing, will re-obtain your consent.
- 2.12.
Sometimes we may aggregate, anonymize or de-identify your personal data in such a way so that it cannot be used to directly or indirectly identify you. Such data is no longer personal. We may use such non personal data without restriction in any way allowed by law, including, but not limited to share such data with our partners or research institutions, share in articles, blog posts and scientific publications, aggregate statistics about certain activities or symptoms from data collected to help identify patterns across users and evaluate or modify our services.
- 2.13.
We are following the principle of data minimization: personal data processed is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
- 2.14.
Personal data is stored either on the servers of the Company or of our contractors, who are bound by specific contractual clauses regarding the processing of personal data as well as by the confidentiality obligations.
- 2.15.
We are using a number of technical and organizational means to protect your personal data. Organizational security measures include restricting access solely to authorized persons with a legitimate need to access personal data, singing confidentiality agreements, arranging trainings, creating and implementing relevant policies and procedures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorized access, implementing access control and authentication tools, ensuring physical security etc.
III. WHEN WE PROVIDE PERSONAL DATA TO OTHERS?
- 3.1.
We will not transfer or share the Childrenâs Data to any third parties.
- 3.2.
We may disclose your personal data, except Childrenâs Data, to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this Privacy Policy. Such may include internal administration purposes as well as provision/sharing of IT, payment or marketing services or data centers in the group.
- 3.3.
Depending on the payment method chosen by you, your personal data may be disclosed to and processed by our group company
KARMA PROCESSING INCORPORATED, company code 7138602, registered address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, office address 1000 West Street, Suite 1200, Wilmington, Delaware, 1980, email:
[email protected], or
KILO GRUPÄ, UAB, company code 303157579, registered address Antakalnio g. 17, Vilnius, Lithuania, office address 1000 West Street, Suite 1200, Wilmington, Delaware, 1980, email:
[email protected], insofar as reasonably necessary for the purposes of collecting, processing, and administrating payments for the services.
- 3.4.
We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- 3.5.
We may disclose your personal data to our anti-fraud, risks and compliance providers insofar as reasonably necessary for the purposes of protecting your personal data and fulfilling our legal obligations.
- 3.6.
We may disclose your personal data to our payment service providers. We will share service data with our payment services providers only to the extent necessary for the purposes of processing your payments, transferring funds and dealing with complaints and queries relating to such payments and transfers.
- 3.7.
We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including, providers of servers and maintenance thereof, email service providers, service providers used for data analysis or marketing, call centers, customer satisfaction surveys or market research). We take all the necessary measures to ensure that such subcontractors would implement proper organizational and technical measures to ensure security and privacy of your personal data.
- 3.8.
In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person (if applicable).
- 3.9.
Persons, indicated in this Section may be established outside the Republic of Lithuania, European Union and European Economic Area. In case we will transfer European Union userâs personal data to such persons, we will take all the necessary and in the legal acts indicated measures to ensure that your privacy will remain properly secured, including where appropriate, signing standard contractual clauses for transfer of data. To find out more information regarding appropriate safeguards you may contact us via email:
[email protected].
IV. HOW LONG WE STORE PERSONAL DATA?
V. CHILDRENâS PERSONAL DATA AND PRIVACY
V.I. REGISTRATION AND PARENTAL CONSENT
V.II. CHILDRENâS DATA
V.III. NO TRANSFER OF THE CHILD'S PERSONAL DATA
V.IV. PARENTAL CHOISES AND RIGHTS
VI. MARKETING COMMUNICATION
- 6.1.
We do not send any marketing information, commercial offers to the Child, nor do we provide any advertising to the Child.
- 6.2.
In case you consent, we will contact you via email or phone to inform on what we are up to. Please note, that your consent is not a condition of any purchase. Also, in case you that might interest you including other information related to such via email or phone, when such were provided to us by you.
- 6.3.
When contacting you by phone as provided in clause 6.2. above, SMS/text messages from us will be received through your wireless provider to the mobile number you provided. SMS/text messages may be sent using an automatic telephone dialing system or other technology. Message frequency varies. Message and data rates may apply.
- 6.4.
You may opt-out of receiving any marketing communications at any time. You may do so by choosing the relevant link in any of our marketing messages or contacting us via means provided in our Website. If you are receiving both email and phone marketing communications on the grounds provided in clause 6.2. above and you wish to opt-out of receiving them, you will need to opt out separately by following the relevant link in any of our marketing messages or contacting us via means provided in our Website.
- 6.5.
Upon you having fulfilled any of the provided actions we will update your profile to ensure that you will not receive our marketing communication in the future.
- 6.6.
In case you opt-out of receiving marketing communications, we will immediately stop sending marketing communications to you. Nevertheless, please be informed that as our business activities consists of a network of closely related services, in certain cases it may take a few days until all the systems are updated, thus you may continue to receive marketing communication while we are still processing your request
- 6.7.
In any case, the opt-out of the marketing communications will not stop you from receiving communication directly related to the provision of services.
VII. YOUR RIGHTS
- 7.1.
In this Section, we have summarized the rights that you have under data protection laws. Some of the rights are complex thus we only provide the main aspects of such rights. Accordingly, you should read the relevant laws (first and foremost the General Data Protection Regulation (EU) 2016/679) and guidance from the regulatory authorities for a full explanation of these rights.
- 7.2.
Your principal rights under data protection law are the following:
(a) the right to be informed about processing of personal data;
(b) the right to access data;
(c) the right to rectification;
(d) the right to erasure of your personal data;
(e) the right to restrict processing of your personal data;
(f) the right to object to processing of your personal data;
(g) the right to data portability;
(h) the right to complain to a supervisory authority;
(i) the right to withdraw consent; and
(j) the right to request not to be a subject to a decision based solely on automated processing, including profiling.
- 7.3.
The right to be informed about processing of personal data. You have the right to obtain information about the personal data processed by the us, the sources of the personal data, the purposes of the processing, the legal grounds, the retention period, data recipients or data processors, your rights and etc.
- 7.4.
The right to access data. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
- 7.5.
The right to rectification. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
- 7.6.
In some circumstances you have the right to the erasure of your personal data. Those circumstances include when: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent to consent-based processing and there are no other legal basis to process data; (iii) you object to the processing under certain rules of applicable data protection laws; (iv) the processing is for direct marketing purposes; or (v) the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. Such exclusions include when processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with our legal obligation; or (iii) for the establishment, exercise or defense of legal claims.
- 7.7.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are when: (i) you contest the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and (iv) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data, however we will only further process such data in any other way: (i) with your consent; (ii) for the establishment, exercise or defiance of legal claims; (iii) for the protection of the rights of another person; or (iv) for reasons of important public interest.
- 7.8.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
- 7.9.
You have the right to object to our processing of your personal data for direct marketing purposes. If you make such an objection, we will cease to process your personal data for this purpose.
- 7.10.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- 7.11.
The right to data portability. To the extent that the legal basis for our processing of your personal data is:
(b) performance of a contract or steps to be taken at your request prior to entering into a contract, necessary to enter into such,
- 7.12.
you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
- 7.13.
If you consider that our processing of your personal information infringes data protection laws, you have a legal
right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Our data processing is supervised by State Data Protection Inspectorate of the Republic of Lithuania, registered office at L. Sapiegos str. 17, LT-10312 Vilnius,
www.vdai.lrv.lt - 7.14.
To the extent that the legal basis for our processing of your personal information is consent,you have the right to withdraw that consent at any time. Withdrawal will not affect thelawfulness of processing before the withdrawal.
- 7.15.
You have the right to request not to be a subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. However, there are exclusions of this right. Such exclusions include when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by EU or EU member state law to which we are subject to and which also lays down suitable measures to safeguard the your rights and freedoms and legitimate interests; (iii) is based on your explicit consent.
- 7.16.
In addition to specific measure provided in this Section you may also exercise any of the rights indicated herein by contacting us by email:
[email protected]. We undertake to respond to such inquiries within 1 month after it is received. This response time may be extended by 2 months for complex or multiple requests. In case of such extension, we will inform you additionally.
VIII. ABOUT COOKIES
VIII.I. COOKIES THAT WE USE
VIII.II. COOKIES USED BY OUR SERVICE PROVIDERS
VIII.III. HOW CAN YOU MANAGE COOKIES?
IX. THIRD PARTY WEBSITES
X. CALIFORNIA PRIVACY ADDENDUM
XI. UPDATING YOUR DATA
XII. CONTACTS
XIII. CHANGES TO THE NOTICE