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the-whale-us · 4 years

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This agreement ("Agreement") is a contract between you and ("Whale Video Chat", "Service", "us" "our" and "we") and governs your use of the Whale Video Chat mobile application and website services (the "Service"). By using the Services, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Service’s policy for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website.

If you are under the age of 18, you may not download or use our Services. We do not knowingly collect or maintain information from children under age 18. If you are under the age of 18, you must get your parent or guardian to read and agree to our Terms of Service and Privacy Policy. Please, choose carefully the information you post on our Services and the information you provide to other Members. Your Service profile may not include the following items: nude, violent or offensive images or texts. The information posted by other Service Members may contain inaccurate, inappropriate or offensive materials, products or services and Service assumes no responsibility or liability for this material.

We reserve the right, in its sole discretion, to reject, refuse to post or remove any posts (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

1. General

We reserve the right to change these Terms of Service at any time. We will notify you within the app. You are responsible for keeping yourself appraised of any such changes if you dismiss these notifications. If you object to any Terms of Service or any subsequent changes or you become dissatisfied with our Services in any way, your only option is to delete your account. Your continued use of our Services after we post revised Terms of Service means that you agree to the revisions. You must be at least 18 years old to download our Services. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

Our Services are free, but your Internet provider’s or mobile operator’s fees and rates may still apply. However, we do have in-app purchases that you can buy if you want to use some of our extra features.

2. Your Account

You can also choose to provide profile information like a photo, info, name, sexual interests, or other data. You can read more on our Privacy Policy, which has detailed information on what information is used.

3. Information About How You Use the Services

We may collect information about your actions on the Services. This may include information such as the pages and profiles you view, how you use the Services, your coin balance, and purchases you make through the Services. It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, how often you log in and with what/ which platform you log in from, your IP address and how many profiles you have created, or your use of our applications. Read more on our Privacy Policy.

4. Content Posted on the Mobile Application

You understand and agree that our Services may review and delete any content, message, photo, profile, video, sound (collectively, "Content") that is in the sole judgment of us.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the mobile application and website.

The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:

is patently offensive and promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual, any content that is obscene, pornographic or otherwise may offend human dignity.

Harasses or advocates harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams;

promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.

You may not engage in advertising to or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the mobile application and website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members in any period to a number which we deem appropriate in its sole discretion.

You may not attempt to impersonate another user or a person.

5. Prohibited Activities

We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

impersonate any person or entity.

solicit money from any users.

harm, stalk or otherwise harass another.

impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not)

upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.

express or imply that any statements you make are endorsed by us without our specific prior written consent.

use the Service in an illegal manner or to commit an illegal act.

access the Service in a jurisdiction in which it is illegal or unauthorized.

ask or use users to conceal the identity, source, or destination of any illegally gained money or products.

use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods.

collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.

interfere with or disrupt the Service or the servers or networks connected to the Service.

transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third-party software).

“frame” or “mirror” any part of the Service, without our prior written authorization.

use meta tags or code or other devices containing any reference to our Services or the Service (or any trademark, trade name, service mark, logo or slogan of our Services) to direct any person to any other mobile application and website for any purpose.

modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.

post, use, transmit or distribute directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

Create unnecessary amounts of accounts. If we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.

We reserve the right to freeze/ban your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Whale Video Chat. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration of Whale Video Chat allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

6. Your Interactions with Other Users

Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), wire or otherwise send money, to other users. You are solely responsible for your interactions with other Members. We reserve the right but have no obligation, to monitor disputes between you and other Members.

7. No Spam Policy

You may not engage in any activity involving spam on our Services. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our Services. Violations of this policy could subject you or your agents to civil and criminal penalties.

8. Modifying the Services and Termination

We are always striving to improve the Services and bring you the additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason. We may terminate your account at any time without notice if we believe that you have violated this Agreement.

9. Eligibility

Membership in the Service is void where prohibited. By using the mobile application and website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

10. Subscriptions and Virtual Currency

10.1 Virtual Currency and Gifts

When you purchase or receive Virtual Currency products such as coins, points, and gifts you do not own them. Coins are used to buy gifts and to upload stories. You agree that we will have no liability to you based on the exercise of our rights with respect to Gifts and coins. We reserve the right to verify your identity and eligibility to use your virtual currency and gifts.

You may use Coins to purchase Gifts, unlock locked stories and add stories for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Whale Video Chat platform when, and if allowed by us. All sales of Gifts are final, and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift, Story or the Points program, or for loss or damage due to any service error, or any other reason. Purchases of Virtual Currency (Coins), Points and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency (Coins), or Gifts at any time, as well as the ways you can use Virtual Currency (Coins), Points and Gifts. We reserve the right to revoke or stop issuing Virtual Currency (Coins, Points) and Gifts at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency (Coins, Points) and Gifts. Virtual Currency (Coins) and Gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated and unused Virtual Currency (Coins, Points, etc.) and Gifts without refund or other compensation. You agree that we will have no liability to you based on the exercise of our rights with respect to Virtual Currency (Coins, Points) and Gifts.

Gifts purchased or received by any user do not constitute property and are not transferable.

10.2 Payment Method

Whale Video Chat’s Paid Services

Whale Video Chat’s Paid Services may be purchased through your accounts with certain third-parties, such as your Apple iTunes account or your Google Play account (a “Third Party Account”). If you purchase any Paid Services through a Third-Party Account, billing for these Paid Services will appear through your Third-Party Account. You should review the Third-Party Account’s Terms of Service, which we do not control.

10.3 Cancellation of Subscriptions

If you purchase a subscription through a third-party account, you will need to cancel your subscription through that third-party and in accordance with that third party’s terms of Service. If you cancel your subscription, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then-current subscription term.

10.4 Term/Fees

This Agreement shall remain in full force and effect while you use the mobile application and website and/or the Service. We may terminate your membership for any reason, at any time, without notice. If we terminate your Membership in the Service, you shall not be entitled to a refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect. Our Services' Terms of Service and/or subscription fees, if any, that were provided to you at registration is subject to change if needed. By using the Service and becoming a Member, you acknowledge that we reserve the right to charge for the Service and has the right to terminate a Member's Membership, should a Member breach this Agreement or fail to pay for the Service if necessary, as required by this Agreement. Standard usage charges for SMS, MMS, and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance.

11. Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall Service be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members, or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS" and Service expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Service cannot guarantee and does not promise any specific results from use of the mobile application and website and/or the Service. We take no responsibility for third-party advertisements which are posted on this Service’s mobile application and website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.

12. U.S. Export Controls

Software from this mobile application and website (the "Software") is further subject to United States export controls. No Software may be downloaded from the mobile application and website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disputes

You agree that any dispute relating in any way to these Terms of Service or Service, including without limitation your or third-parties’ access to or use of our Services, will be resolved by binding arbitration and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.

14. Indemnity

You agree to indemnify and hold Service, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Whale Video Chat and any User of the Service.

16. Non-commercial Use by Members

The mobile application and website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of our Services. Illegal and/or unauthorized use of the mobile application and website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Service for any illegal or unauthorized use of the mobile application and website.

17. Customer Service

Service provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

18. Disclaimer of Warranties

You use Whale Video Chat at your sole risk. We do not guarantee that our Services will always be safe, secure or error-free or that our Services will always function without disruptions, delays or imperfections. We make no warranty that our Services will meet your requirements, or Whale Video Chat will be uninterrupted, timely, secure and error-free. We make no warranty that the results obtained from us will be accurate or reliable. We make no warranty that the quality of products, Services, information, material or purchased features obtained through our Services will meet your expectations. Any downloaded or obtained material through our Services is done at your own risk. You will be solely responsible for any damage to your or others' devices directly or indirectly from the download of any such material. Some jurisdiction does not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

19. Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our Services to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Whale Video Chat by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Services' Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: customerdesk@Whale Video Chatapp.mobi.

20. Safety and Security

We do not currently conduct criminal background screenings on our Members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. By agreeing to these Terms of Service, you hereby authorize any such check.

21. Account Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at customerdesk@Whale Video Chatapp.mobi and ensure that you log out from your account at the end of each session.

22. Dealings With Advertisers

Your correspondence or dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.

23. Links

The sites linked to by the Service mobile application and website are developed by people over whom we exercise no control, Whale Video Chat cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that our Services will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Service.

24. Limitation of Liability

In no event shall our Services be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive damages including lost profit damages arising from your use of the mobile application and website or the Service even if our Services have been advised of the possibility of such damages.

Services' liability to you for any cause, whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of Membership.

25. Other

This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Service regarding the use of the mobile application and website and/or the Service. The failure of Service to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement. Whale Video Chat is a trademark of VLMedia A.S. I have read this Agreement and agree to all of the provisions contained above.

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the-whale-us · 4 years

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This is the Privacy Policy of Whale Video Chat Video Chat App (“Whale Video Chat”, “us”, “we”, "Service" or “our”) and is incorporated into and is subject to our Terms of Use which can be found here. In this Privacy Policy, we refer to our products and services as the “Service.” Please read on to learn more about our data handling practices. We respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data; in plain language, keeping legal and technical jargon to a minimum. Your privacy is at the core of the way we design and build our Services and products you know and love so that you can fully trust them and focus on building meaningful connections. Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use the Service. Your use of the Service signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use the Service.

Table of Contents

Controller

What Data We Get

How We Get Data About You

What We Use Your Data For

How We Share Information

Your Rights

Data Retention

Data Protection and Security

Children’s Privacy

International Transfer Policy

1. Controller

Controller: The controller of data processing is Whale Video Chat. You can contact us via e-mail under the Email Address.

Data Protection Officer: Our data protection officer can be contacted under the Email Address. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.

2. What Data We Collect

This Privacy Policy applies to websites, apps, and other services operated by us. We process personal data that you as a user of the Products make available to us, for example by using our Products and that users provide to us (“Data”).We can’t help you develop meaningful connections without some data about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example, access logs, as well as information from third parties, like when you access our services through a social media account. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using.

2.1 Data You Provide to Us

Account Data: In order to use certain features (registering for an account), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your name, gender, and date of birth, and assign you a unique identifying number (“Account Data”).

Profile Data: You can also choose to provide profile information like a photo, info, name, sexual interests, or other data. Your Profile Data will be publicly viewable by others unless you delete your account. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in a certain jurisdiction, for example, your racial or ethnic origins, sexual orientation, and religious beliefs. By choosing to provide this information, you consent to our processing of that information.

Usage Data: When you use our Services and features, we collect certain data including; messages, follow information, photos, videos, gifts, and other user data. Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the Services.

Shared Content: Parts of the Services let you interact with other users or share content publicly, including by gifts you receive, videos you post and the data you provided in your profile. Such shared content may be publicly viewable by others depending on where it is posted.

Promotions: When you choose to participate in our promotions, events, or contests, we collect the information that you use to register or enter. If you won a prize, we would collect the financial information to reward you.

Data About Your Accounts on Other Services: We may obtain certain information through your social media or other online accounts if they are connected to your account in our Services. If you login to our Services via Facebook or another third-party platform, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, gender, info, and birthday.

Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.

If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

Data About Paid Service: All our paid service is through iOS or Android platforms. We only receive a receipt of your transaction provided by these platforms. For security reasons, we do not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.

Communications and Support: If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you such as your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy. If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request.

Sensitive Information: Please be careful about posting sensitive details about yourself on your Profile such as your religious denomination and health details. While you may voluntarily provide this information to us when you create your Profile, including your sexual preferences and ethnic background, there is no requirement to do so. Please remember that photographs or any video clips that you post on our Services may reveal these kinds of sensitive personal data. Where you do upload and choose to tell us sensitive data about yourself, you are explicitly consenting to our processing your information and making this public to other users.

* The data listed above is stored by us and associated with your account in our Services.

2.2. Data From Others

In addition to the information you provide us directly, we receive information about you from others or by automated means, including:

System Data: Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, device language, browser, browser language, and other systems data, and platform types (“System Data”).

Usage Data: We collect information about your activity on our Services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, search preferences, clicks, and pages which have been shown to you, referring web page address, advertising that you click on) and how you interact with other users (e.g., users, you connect and interact with, time and date of your exchanges, number of messages you send and receive, number of content you post).

Device Information: We collect information from and about the device(s) you use to access our Services, including:

hardware and software information such as IP address, device type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser.

Other information with your consent: If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the Services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the Services).

Approximate Geographic Data: An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.

Other Partners: We may receive information about you from our partners, for instance where our ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success).

3. How We Get Data About You

We use tools like analytics services, and advertising providers to gather the data listed below. Some of these tools offer you the ability to opt-out of data collection.

3.1 Analytics

The main reason we use your information is to deliver and improve our Services. Additionally, we use your info to help keep you safe. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples.

3rd Party Usage Analytics Tools: We use tools provided by Google Inc (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, “Google”) in our Services for usage analytics purposes. Tool owned by Fabric and acquired by Google is used for usage statistics. Firebase operated by Google are also used for usage analytics purpose.

3rd Party Conversion Tracking Tools: Adjust, Google Conversion Tracking APIs, and Facebook Conversion tracking APIs are used for user conversion tracking. Admost is a monetization tool used for analyzing the user preferences and ad data as well as conversion tracking.

Crash Detection Tools: We use Crashlytics tools owned by Fabric for crash detection. It facilitates the maintenance and improvement of the Services. All your crash data is collected anonymously.

3.2 Online Advertising

We use third-party advertising services like Google’s ad services(DFP, Admob, AdX), Facebook Audience Network to deliver online advertisements to our end users within our Services including mobile applications and websites. The ads may be based on information we know about you as detailed in Section 2.2 Data From Others and information that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other services and may be personalized to your likes and interests. When using other services you may also receive personalized online advertisements. From time to time we also advertise our Services on some third-party platforms like Google’s Adwords, Apple’s Search Ads, Unity, Tiktok (Bytedance), Snapchat, Facebook, Google Ads.

Depending on the types of advertising services we use, cookies or other tracking technologies may be placed on your device to collect data about your use of our Services, and those tracking technologies may be accessed in order to serve these personalized advertisements to you. To help deliver personalized advertising, we may provide these service providers with a hashed, anonymized version of your personal information in a non-human-readable form and content that you share publicly on the Services.

We also use third-party tools to analyze and track ad and user data. They are used for statistical purposes. We use Adjust and Admost which are GDPR compliant tools.

Only irreversibly anonymized data is used during all advertising processes including personalized advertising thus this does not allow any conclusions to be drawn about the identity of the person concerned.

All 3rd Party tools are GDPR compliant.

You may change your personalized ads preferences from settings if you are located in a territory that is protected by the CCPA & the GDPR.

4. What We Use Your Data For

To administer your account and provide our Services to you

Create and manage your account

Provide you with customer support and respond to your requests

Complete your transactions

Communicate with you about our Services, including order management and billing

To help you connect with other users

Analyze your profile and that of other users to recommend meaningful connections

Show users’ profiles to one another

To improve our Services and develop new ones

Administer focus groups and surveys

Conduct research and analysis of users’ behavior to improve our Services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior)

Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from users).

To prevent, detect and fight fraud or other illegal or unauthorized activities

Address ongoing or alleged misbehavior on and off-platform

Perform data analysis to better understand and design countermeasures against these activities

Retain data related to fraudulent activities to prevent recurrences

To ensure legal compliance

Comply with legal requirements

Assist law enforcement

Enforce or exercise our rights, for example, our Terms

To process your information as described above, we rely on the following legal bases:

Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you.

Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our Services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.

Marketing:

Push Message Marketing: With your explicit consent, we will send you marketing push messages.

Retargeting: You might see marketing messages on the platforms listed below. In addition, other users who have similar characteristics to you on those platforms could see marketing messages on those platforms as well (i.e., Facebook Lookalike audience). An opt-out is possible at any time via our customer support. It may take a few days after the opt-out until you are removed from all audiences.

List of other platforms: Facebook, Google, Twitter, UnityAds, Snapchat, and Bytedance

Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

5. How We Share Information

5.1 With Other Users:

You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is the stuff that you’re comfortable being publically viewable since neither you nor we can control what others do with your information once you share it.

5.2 With Our Service Providers and Partners:

We use third parties to help us operate and improve our Services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing, and security operations. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.

We may also share information with partners who distribute and assist us in advertising our Services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners.

We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations.

5.3 When Required by Law:

We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.

5.4 To Enforce Legal Rights:

We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

5.5 Monitor:

Moderators to monitor activity on the site/apps and approve content. Fraud prevention and anti-spam providers to protect the service from criminal activity.

5.6 Change of Control:

In the event that our Services or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, reorganization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.

6. Your Rights

You have certain rights around the use of your data, including the ability to opt-out of cookies, and the collection of your data by certain analytics providers. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data. We want you to be in control of your information, so we have provided you with the following tools:

Access / Update tools in the service: Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service.

Device permissions: Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.

Deletion: You can delete your account by using the corresponding functionality directly on the service.

We want you to be aware of your privacy rights. Here are a few key points to remember:

Reviewing your information: Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by sending us an email at [email protected].

Updating your information: If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us via [email protected].

For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.

Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.

Uninstall: You can stop all information collected by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

Accountability: In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.

If you want to exercise any of your rights listed above please visit our feedback form or email us at [email protected].

7. Data Retention

We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. To protect the safety and security of our users on and off our Services, we implement a safety retention window of six months following account deletion unless there is a technical difficulty. During this period, some of your account information will be retained although the account will of course not be visible on the Services anymore. In practice, we delete or anonymize your information upon the deletion of your account (following the safety retention window) or after 5 years of continuous inactivity. An account is considered inactive when the Application of the Member has not established contact with Whale Video Chat’s servers (including due to deactivation of the geolocation process), and the Member has not used the Application. In any event, the Account of a Premium Member is not considered inactive.

Unless:

we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations) as well as to prevent bot systems that are abusing the system;

we must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms, Privacy Policy, and other similar consents are kept for five years);

there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or

the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.

Correspondence with our Customer Support team will be retained for longer to allow us to deal with any subsequent queries you may have but will usually be deleted within 6 years if there are no queries.

Anonymized information about activity on our Services is retained for longer periods of time for statistical and product research purposes but this is not attributable to an individual once the profile has been deleted.

Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific time frame due to technical constraints.

8. Data Protection and Security

We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact [email protected] with any concerns.

We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage, and processing practices to update our physical, technical and organizational security measures.

We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately. We are not responsible for virus protection outside our service network. We are also not responsible for the damage or destruction of user data. We will pursue every detected attack by hackers, etc. under civil law and, if necessary, by the prosecution.

In case of a breach, we will notify; the EU representatives, our DPO and our users who were or potentially were affected by the breach within 72 hours of the attack. We will announce it on our webpage.

9. Children’s Privacy

Our Services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service. If we become aware that a child, minor or anyone under the age of 18 has registered with us and provided us with personal data, we will take steps to terminate that person’s registration and delete their profile information from our Services. If we do delete a Profile because you violated our no children rule, we may retain basic account and profile information to ensure that you do not try to get around our rules by creating a new profile.

10. International Transfer Policy

In order to provide the Services to you, we must transfer your data to our servers and process it there. By visiting or using our Services, you consent to the storage of your data on servers. If you are using the Services, you consent to the transfer, storage, and processing of your data. Specifically, personal data collected in Switzerland and the European Economic Area (“EEA”) is transferred and stored outside those areas.

That data is also processed outside of Switzerland and the EEA by our Whale Video Chat companies, or our service providers, including to process transactions, facilitate payments and provide support services as described in Section 4 & 5. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by Whale Video Chat and its processors. We operate a global network of servers including in Germany, Netherlands, Turkey, and Canada. We ensure that the data is adequately protected by ensuring that valid, legal mechanisms are in place. If you want more information relating to the nature of the safeguards we have in place please email [email protected].

11. Privacy Policy Changes

we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.

12. Contact Us

If you have any questions regarding this privacy statement, the processing of your personal data, you can contact us directly. We are also available to you in the case of requests for information, requests or complaints:

E-MAIL: [email protected]

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