Privacy Policy - Pixend

Pixend Application Privacy Policy

Pixend Ltd. (referred to as the “Company”, “we”, “us” or “our” in this Privacy Policy) respects your privacy and is committed to protecting your personal data. This Privacy Policy (“Privacy Policy”) is designed to inform you as to how we handle your personal data when you download and use our application https://get.pixend.app (“App”) and notify you about your privacy rights and how the law protects such rights. To the extent that the European General Data Protection Regulation (“GDPR”) or the United Kingdom General Data Protection Regulation (“UK GDPR”) apply personal data that we process in accordance with this Privacy Policy, we act as a ‘data controller’ with respect to such processing.

We encourage you to read this Privacy Policy carefully, and to regularly check this page to review any changes we might make to the terms of this Privacy Policy. This Privacy Policy supplements other policies we may provide as part of our interactions with you or policies you may have received from other controllers and is not intended to override such policies. 

This privacy Policy is provided in a layered format so you can click through to the specific areas set out below.

  1. The Data We Collect About You
  2. How We Collect Your Personal Data
  3. How We Use Your Personal Data
  4. Sharing Your Personal Data with Third Parties
  5. International Transfers
  6. Data Security
  7. Data Retention
  8. Your Rights
  9. Accessibility
  10. Contact Details
  11. Changes to this Privacy Policy
  1. The Data We Collect About You

Personal data means any information that relates to an identified or identifiable person.

When you use this App, we may collect the following types of personal data on you:

  • Identity Data includes first name and last name, user name and user password.
  • Contact Data includes email address.
  • Photo Data includes a selfie photo of yourself, as well photos taken with your smartphone’s camera or that you otherwise upload to the App.
  • Usage Data includes information about how you use our App (such as, when you entered the App and how long you stayed in the App or on a specific page).
  • Technical Data includes information on your internet connection (such as your IP address and internet service provider name), on the device and software that you are using to access the App (e.g., your web browser type, mobile device type, and computer operating system).
  • Additional Inquiry Data includes additional information that you may provide when you contact us through the App.

We also collect, use and share aggregated data such as statistical data for any purpose. Such information does not reveal your identity, and therefore is not considered personal data. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature.

 

Protecting the Privacy Rights of Third Parties

If you provide to us any personal data relating to others, you must make sure you have permission to do so. By using the App, you hereby represent and warrant that all individuals photographed in the photos uploaded from your phone to the App, as described in this Privacy Policy, have consented to such use of photographs of them.

 

  1. How We Collect Your Personal Data

 We use different methods to collect data from and about you including through:

  • Direct interactions. You may provide us your Identity Data and Contact Data by entering your details in our App. You may also provide Additional Inquiry Data to us when you contact us.
  • Uploads of Photo Data from your smartphone: Upon registering for the App you will be required to take a selfie photo of yourself. Photos taken via the in-app camera are uploaded automatically to the App. You may also manually upload to the App other photos stored on your smartphone. Any photos uploaded to the App may be accessed, saved, copied, re-sent, otherwise used or processed by other users of the App that the App identifies as appearing in your photos.
  • Automated technologies or interactions. As you interact with our App, we automatically collect Technical Data and Usage Data. We collect this data by using server logs and other similar technologies.
  • Third parties or publicly available sources. We may receive Technical Data and Usage Data about you from third parties, such as Usage Data and Technical Data that we may receive from analytics providers, and from advertising and marketing partners.

You are not legally obligated to provide any personal data to Pixend. Any personal data that you choose to provide to Pixend, is provided at your own free will.

 

  1. How We Use Your Personal Data

We will only use your personal data when permitted by law.

We will commonly use your personal data in the following circumstances:

  • Where the processing is necessary in connection with the performance of any contract we have entered into with you or where it is necessary for taking steps at your request prior to entering a contract.
  • Where the processing is necessary for our legitimate interests (or those of a third party), and such legitimate interests are not overridden by your interests, fundamental rights, or freedoms. Legitimate Interest means our interest in managing and conducting our business.
  • Where the processing is necessary for compliance with a legal or regulatory obligation.
  • Where you have provided your consent for such processing. Such consent can be revoked at any time.

Purposes for Which We Use Your Personal Data  

Below is a description of the ways we use your personal data. To the extent that the GDPR and UK GDPR apply, we have mentioned the legal bases we rely on to use your personal data, and identified what our legitimate interests are where appropriate:

  • We use your Identity Data and Contact Data to enter into a contract or to perform a contract with you. We use your photo to perform a contract with you by providing you access to photos of yourself that users have uploaded to the App.
  • We use your Photo Data to provide our services to you and other users of the App. This includes using the selfie photo that you take upon registration to the App to identify you in photos uploaded to the App by other users, and to grant you access to such photos through the App. We also grant access to photos uploaded from your smartphone to App users that we identify in such photos (using the selfie photos provided by such users). We do so where it is necessary for our legitimate interests (to provide our services to you and other App users); or if we have obtained your prior consent (where laws require consent for such communications).
  • We use your Contact Data and Additional Inquiry Data to respond to your requests or questions and to manage our relationship with you, including by notifying you about changes to our terms or Privacy Policy. We do so for the performance of a contract with you, if it is necessary to comply with a legal obligation or if it is necessary for our legitimate interests.
  • We use your Usage Data, Technical Data and Contact Data for marketing purposes and to deliver relevant and personalized content to you, including via email, and to measure or understand the effectiveness of our marketing efforts. We do so where it is necessary for our legitimate interests (to grow our business and to inform our marketing strategy); or if we have obtained your prior consent (where laws require consent for such communications).
  • We use your Usage Data and Technical Data to improve our App, services, marketing, customer relationships and experiences, including by personalizing and customizing our content. We do so where it is necessary for our legitimate interests (to keep our App updated and relevant, to develop our business and to inform our marketing strategy).
  • In the event of a legal dispute between you (and/or a party on your behalf) to us (and/or a party on our behalf), we may use your personal data to the extent necessary in connection with handling such dispute. We do so where it is necessary for our legitimate interests (to defend and enforce our legal rights).
  • We may also use your personal data as: (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms of use, to maintain security of the App and prevent fraudulent or illegal activity; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates. We do so based on our legitimate interest (to defend and enforce our legal rights and to protect and ensure the continuous operation of our App).

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Promotional Offers

You will receive marketing communications from us if you have requested information from us and you have not opted out of receiving marketing communications.

You can change your contact preferences at any time by sending us an email with your request to the email that appears in the Contact Details section below. If you wish to stop receiving Marketing Communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.

Notifications

We may send notifications to your mobile device (push notifications) or email regarding your activity, or activity relating to you, in the App. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in the device settings of your mobile device. You may ask us to stop sending email notification to you at any time by contacting us.

Third-Party Links 

The App may include links to third-party websites, plug-ins and applications. Clicking on those links or interacting with such content may allow your data to be shared with the relevant third-party. We do not control these third-party websites and are not responsible for their privacy statements; we therefore recommend that you read the privacy policy of every website you visit.

Children under 16

Even though our App is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our App. We do not knowingly collect personal data from children under the age of 16. If you are a parent or guardian and believe that your child is using our App, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information.

 

  1. Sharing Your Personal Data with Third Parties

We share your Photo Data with other users of the App, as described in Section ‎3 above (How We Use Your Personal Data).

We also share personal data with third party service providers that provide us services in connection with the purposes listed above.

For example, we may share your Identity Data, Contact Data, Usage Data and Technical Data with analytics providers, email and marketing service providers and other vendors that assist us in maintaining the App. Please also see the description above in the section titled Cookies and Other Tracking Technologies.

We may also share your personal data with legal and regulatory authorities to the extent required by applicable law our professional advisors (e.g. lawyers, accountants) to the extent necessary for the provision of their services to us; and third parties to whom we may choose to sell, transfer, or merge our business (or parts thereof) or our assets, or parties whose business we wish to acquire.

 

  1. International Transfers

We may transfer your personal data to countries outside of the country in which you reside (including outside of the European Economic Area (EEA) or the United Kingdom (UK)), that do not provide the same level of data protection as the country in which you reside and are not recognized by the European Commission and/or the applicable UK authority as providing an adequate level of data protection.

Our transfers of personal data outside of the EEA or the UK are done for the performance of a contract or implementation of pre-contractual relations with you, based on your consent, or subject to safeguards that ensure the protection of your personal data, such as standard contractual clauses approved by the European Commission.

 

  1. Data Security

We have put in place appropriate security measures to prevent your personal data from accidental or unlawful loss, use, alteration or disclosure. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your personal data.

We limit access to your personal data to those employees, agents, contractors and other third parties who have a need to know. We require them to only process your personal data on our instructions and as allowed by applicable law.

Unfortunately, we cannot guarantee against the loss or misuse of your personal data or secure data transmission over the Internet because of its nature.

 

  1. Data Retention

We retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for legal or reporting requirements.

In order to determine the appropriate retention period for personal data, we consider the following criteria: the volume, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of personal data, the purposes for which we collect and process personal data, the timeframe during which we may require such personal data in connection with potential litigation, and applicable legal requirements. 

Shared photos on Pixend will be retained for a maximum of 60 days before deletion.

  1. Your Rights

Certain privacy laws, including the GDPR and UK GDPR, provide users with rights related to their personal data. To the extent that such laws apply to your personal data, you may have the following rights:

  • Request access. This means that you may receive a copy of the personal data we hold about you.
  • Request correction. This means that you may ask us to correct or complete inaccurate or incomplete data that we hold about you.
  • Request erasure. This means that you may ask us to delete or remove personal data that we hold about you. If we are unable to comply with such request, we will notify you of the specific legal reasons for our decision.
  • Object to processing. This means that you may object to the processing of your personal data where it is used for direct marketing purposes, or where we are relying on a legitimate interest and you feel that such interest is overridden by your rights and freedoms.
  • Request restriction of processing. This means that you may ask us to suspend the processing of your personal data if you believe that such data is inaccurate, if our processing is unlawful or if we no longer need to process such data for a particular purpose, but you need us to continue to hold the data.
  • Data Portability. This means that you may request that we transfer your personal data to you or to a third party. This right applies where we have obtained and processed the data from you based on your consent or where we used the information to perform a contract with you.
  • Withdraw consent at any time. This means that you may withdraw your consent where we are processing your personal data based on your consent.

If you wish to exercise any of the rights set out above, please contact us.

What We May Need From You  

When you approach us with a request to exercise one of your rights, we may request that you provide us with information needed to confirm your identity as a security measure to ensure that your personal data is not disclosed to any person who has no right to receive it.

Time Limit to Respond  

We try to respond to all legitimate requests within one month or less, if required by law. Where it takes us more than one month to respond (for example, where your request is particularly complicated or where you have made a number of requests) we will notify you and keep you updated.

 

  1. Accessibility

If you have a disability and would like to access this policy in an alternative format, please contact us via our Contact Details listed below.

 

  1. Contact Details 

If you have any questions or concerns, please contact us at: 

Email: support@pixend.app

You have the right to make a complaint at any time to data protection authorities. We would, however, appreciate the chance to address your concerns before you approach a data protection authority, so please contact us in the first instance.

 

  1. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy at any time. If we do so, we will post an updated version of this Policy so that our users and customers are always aware of what information we collect, use, and disclose. Your continued use of our App and services after any change to this Privacy Policy will constitute your acceptance of such change.

 

This version was last updated on October 1, 2022