5. SHARING OF YOUR PERSONAL DATA
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data when required with the third parties set out below and for the purposes set out in the table (Title 4).
- External Third Parties as set out in the GLOSSARY (Title 11)
6. INTERNATIONAL TRANSFERS
Whenever we transfer your personal data out of the Kazakhstan, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved by the Kazakhstan Commission which give personal data the same protection it has in the Kazakhstan.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Kazakhstan.
7. DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using appropriate encryption technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict and appropriate procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
Certain Services include social networking features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see YOUR LEGAL RIGHTS (Title 9) below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In the event that you do not use the App for a period of 12 months (or delete your account) then we will treat the account as expired and your personal data may be deleted.
9. YOUR LEGAL RIGHTS
Under certain circumstances you have the following rights under data protection laws in relation to your personal data. You may have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at firstname.lastname@example.org.
10. CALIFORNIA RESIDENTS
This section applies to our collection and use of personal data if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the "CCPA"). When we use the term personal data in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (this is called "personal information" under the CCPA). Please note that the CCPA is experiencing further changes as part of the rulemaking activity process. As a result, please check back often as this section may change to comply with future CCPA requirements.
If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section 1 above. A. Categories of Personal Data Collected, Used, and Shared
In accordance with California law, we may have collected and share the following categories of personal data within the past 12 months: Categories of Personal Data Collected & Shared Identifiers:
Username, password and e-mail address. Personal Information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)):
Username and e-mail address. Some personal data included in this category may overlap with other categories. Internet or other similar network activity
: Device Data:
Information about your hardware, includes information about your hardware, for example the model of the Device you use, your Device's operating system version, your carrier, your time zone within which your Device is located (country/city). Usage Data:
Information details of your use of our App including but not limited to login information, how you interact with our App, which SPHERUM™ Models and/or SPHERUM™ Experiences are your favourite, what Superpower(s) you apply, what tags you select, information about your sharing of SPHERUM™ Models and SPHERUM™ Experiences with other App users, number of SPHERUM™ Models you recorded/captured, the resources that you access on the App, whether this is required by us to improve the App and/or user experience, fix usability issues, dimension our infrastructure or otherwise. Marketing and Communications Data:
includes your communication/correspondence with us (via emails or otherwise). This information includes any interests, preferences, feedback or survey responses that you provide to us.
Audio, electronic, visual, thermal, olfactory, or similar information: Content Data:
Information about any video captured, recorded or otherwise made available by you within the App, including sound recordings and ambient noise embodied therein, the SPHERUM™ Model created from it (including sound recordings and ambient noise embodied therein) and the SPHERUM™ Model(s) shared with you (including sound recordings and ambient noise embodied therein) from other users within the App. Geolocation Data:
The time zone within which your Device is located (country/city).
We share each of these categories of personal data to our service providers to the extent necessary for them to facilitate our business purposes. We also share these personal data for the purposes set forth in Section 4 above. In the last 12 months, we have not knowingly sold any personal data of California consumers, nor do we have actual knowledge that we sold the personal data of California consumers under the age of 18 years old. The CCPA defines "sale" as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal data to another business or third party for monetary or valuable consideration. If we do sell your personal data, we will notify you, and if you submit to us a verifiable consumer request we will disclose to you a list containing the categories of personal data that we sold in accordance with the CCPA's requirements. B. Your California privacy rights
If you are a resident of California, you may have the following rights: