FUTUREFLY PRIVACY POLICY

 

LAST UPDATED: 17.11.2015

1.     Introduction

Futurefly Oy (“we,” “us”) is committed to protecting and respecting your privacy. This Privacy Policy (together with our Terms of Use, available at http://www.futurefly.net and any other documents referred to in it) applies to all Futurefly applications (the “Service”) and sets out the basis on which any personal data we collect from you, or that you provide to us, will be handled by us. In this Privacy Policy, the term “personal data” means information that relates to an identified or identifiable natural person.

We know that you are concerned about how we use and disclose personal data, and we are committed to complying with data protection and privacy laws that apply to us. This Privacy Policy tells you about the ways in which we protect your privacy and the personal data we process about you.

We wish to remind you that this Privacy Policy applies to personal data that we process when you use the Service. It does not apply to any links to third parties’ websites and/or services, such as third-party applications, that you may encounter when you use the Service. We encourage you to carefully familiarize yourself with privacy policies applicable to any websites and/or services operated by third parties. Please be aware that we are not responsible for the privacy practices of any third parties.

By using the Service, you accept the privacy practices described in this Privacy Policy as well as Terms of Use, available at http://www.futurefly.net.

2.              Description of the Service and the Ways in Which We Collect and Store Message Data

The Service is a messenger application that enables users to send photo, video and text/chat messages to other users of the Service. The Service also includes built-in game features, such as 3D avatars and animations, as well as games you can play with other users of the Service. To be able to use the full features of the Service you need to register with the Service. In connection with the registration, we collect certain personal data about you, such as your name, your profile picture, if you choose to upload one, and your mobile telephone number.

We collect and store the name you give for yourself in the Service. When you send a message to somebody, we use that name in the notification info. If you assigned a name to a telephone number in the address book of your device, the Service also associates this name and number and shows it in the Service. This information is therefore provided by you, not the Service. This means that if you have your friend’s mobile phone number associated with a certain name in the address book of your device, that name will appear for that mobile phone number in your contacts list in the Service. For this purpose, the Service periodically accesses the contact information you have stored on your device.

When you send messages using the Service, the messages are sent to our servers, and routed to the intended recipient(s), if that recipient(s) is/are available on the network. If the recipient(s) is/are not online, the undelivered message is held on the server until it can be delivered to all recipients.

The messages are temporarily collected, processed and stored on our servers, until the messages can be sent to the recipient(s). Following this, the messages reside directly on the sender’s and recipient’s devices (and may be deleted at the respective user’s option). Notwithstanding the above, if we are legally obligated to do so, we may retain date and time information associated with messages and the mobile phone numbers relating to the messages, as well as any other information which we may be legally obligated to collect.

The Service uses a natural language recognition algorithm. To improve this algorithm, randomly chosen messages may be stored and processed on an automated basis without association to the sender or the recipient. By using the Service, you expressly consent to the processing of the messages and their content in this manner.

3.              Information We May Collect From You

i.                  Data You Provide to the Service

We collect information you provide directly to us. For example, we collect information when you register as a user of the Service or communicate with us. In particular, we may collect the following information from our users that may, in certain circumstances, constitute personal data:

·       Name;

·       Gender;

·       Age;

·       Your profile picture, if you choose to upload one. You may also provide us with your social media profile picture and name information;

·       Telephone number;

·       Your social media (such as Facebook) contacts, including their names and social media handle; and

·       Any other information you choose to provide to us or in the Service.

If you contact us, a record of this correspondence may be kept.

We may allow you to connect your user account to your social media account(s). If you connect your user account to a social media account, such as through Facebook Connect, Apple’s Game Center, or any other third party service, we may collect personal data, such as your user ID, name, e-mail address, and profile picture that are available in your public profile with such third party, and content such as posts, comments, media, and applications. You may be able to control the types of personal data available in the profile of such third party services by adjusting the privacy settings available therein.

You may purchase virtual currency in connection with the Service. Any payments will be made through third parties, such as Apple, and the payment information provided by you is subject to the privacy practices of such third parties. We may, however, collect and process information related to your purchases, for example to analyze the ways in which users use the Service.

Moreover, any messages (including photographs, videos, and text/chat messages) you send or receive via the Service to or from other users of the Service are stored temporarily on our servers, as described above in Section 2.

ii.         Data Collected Automatically

The Service may automatically collect the following information from you that in certain circumstances may constitute personal data:

·       Traffic data: Information regarding messages sent or received in and through the Service, including log and connection data, the time, date, sender and recipient of the message. We process this information in accordance with applicable laws to provide the Service to you;

·       Location data: We may collect, use and share location data, including the real-time geographic location of your device, in connection with your use of the Service, for example using satellite, cell phone tower or WiFi signals. The location information may be used as part of certain features of the Service, such as for example to change the chat background and/or weather information shown in the Service. By using the Service, you consent to the collection of your location information;

·       Usage data: We collect information on the ways in which you use the Service, such as the type of animations you send, and other related information that can help us understand better how people use our Service and how we can improve their user experience. Additionally, details of transactions you carry out through the Service, such as in-app purchase history and gaming history, may also be collected;

·       Device data: We collect information about the device you use to access the Service, including for example the hardware model, operating system and version, unique device identifiers, MAC address, IP Address, phone number and mobile network information;

·       Address book of your device: By accepting this Privacy Policy, you accept that the names and phone numbers in your device’s address book will be transmitted to the Service. The Service will periodically access the address book of your device to locate the names and phone numbers of other users of the Service;

·       Images on your device: The Service may store and access image data on your device to provide the Service to you;

·       Analytics technologies: Technologies such as cookies, beacons, tags and scripts are used in the Service. We use these technologies to analyze trends, administer the Service, enable features on the Service, track users’ movements around the Service and to gather demographic information about our users. We use technology created by third parties to enable such technological features.

·       Third party analytics providers: We may use third-party analytics services to analyze the Service on our behalf. These service providers may use cookies, web beacons and other technologies to collect information about your use of the Service. These service providers enable us to collect, monitor and analyze data regarding the use of the Service, in order to understand how users use the Service and to increase the functionality and user-friendliness of the Services, as well as to better tailor the Service to users’ needs. Accordingly, some automatically collected data is shared with such third party service providers, who have their own privacy policies applicable to their operations. The current list of analytics service providers can be requested from us by contacting us at support@futurefly.net.

4.              The Purposes for Which We Use The Data

a)         We use the personal data you provide to us directly for the following purposes:

·       To set up and maintain your registration with the Service;

·       To manage the Service;

·       To provide features available in the Service;

·       To develop, improve, and protect the Service;

·       To communicate with you;

·       To facilitate and process any in-app purchases you may make in the Service;

·       To prevent and investigate fraud and other misuses;

·       To protect our rights and/or our property;

·       To operate and improve our products and services;

·       For market research;

·       For electronic direct marketing, in compliance with applicable laws;

·       To audit and analyze the Service; and

·       To ensure the technical functionality and security of the Service.

 

b)         We use the data collected automatically for the following purposes:

·       To improve customer service;

·       To personalize user experience;

·       To manage the Service;

·       To provide features available in the Service;

·       To develop, improve, and protect the Service;

·       For market research;

·       To audit and analyze the Service, including analyzing trends related to the use of the Service; and

·       To ensure the technical functionality and security of the Service.

In particular, please note that as mentioned above in Section 2 of this Privacy Policy, the Service uses a natural language recognition algorithm to have avatars perform body language that fits the message. To improve this algorithm, randomly chosen messages are stored and analyzed on an automated basis without association to the sender or the recipient. By using the Service, you expressly consent to the processing of the messages in the manner described above.

5.              Third-Party Advertising

We may display advertising in the Service, and may employ third party ad serving technologies to collect information in the Service. Advertising shown to users may be based on your user profile in order to provide personalized advertisements that may be of interest to you, and advertising in the Service may come from affiliate advertising networks.

We and/or the third parties operating the ad serving technology may use demographic and geo-location information and information collected from your device to ensure that the advertising you see in the Service is relevant to you. This data may include, without limitation, IP address, device ID, MAC address, installed software, application usage data, hardware type, operating system information, cookies, and in-app information, such as information related to gaming history. This data may be used in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

If you do not want to be subject to third-party advertising, do not use or access the Service. You may stop collection of information by the Service by uninstalling it using the standard uninstall process available on your device.

Depending on your device, you may also be able to limit ad tracking in the privacy settings of your device. However, if you want to be sure that you receive no targeted advertising, please do not use the Service. Please also note that by limiting ad tracking, you may still see ads in the same places, but those ads may be less relevant because they will no longer be based on your interests.

Moreover, please note that the Service may include the use of in-app branding / product placement.

6.              How We Disclose Data

We do not sell, lease, rent or otherwise disclose the personal data relating to our users to third parties unless otherwise stated below.

The personal data collected in the Service may be disclosed in the following manner:

a.              Personal data you provide directly:

We may disclose personal data you provide to the Service with the following categories of third parties:

·       To other users of the Service when you send or receive messages or otherwise interact with other users (for example in game features);

·       To service providers, such as data storage service providers, which enable us to provide the Service to you;

·       To our business partners, such as advertising partners, in compliance with applicable laws;

·       To public authorities, such as law enforcement, if we are legally required to so or if we need to protect our rights or the rights of third parties;

·       To our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Service and their advisors in connection with a corporate merger, consolidation, restructuring, or the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy; and

·       To other third parties, with your consent or as otherwise required or permitted by law.

Please note that any personal data that you voluntarily disclose on publicly available features of the Service (such as your name in the Service, any status information or any forum posts) becomes publicly available and may be collected by other users of the Service.

b.     Data collected automatically:

The data collected automatically in the Service may be disclosed to the following categories of third parties:

·       To service providers, such as data analysis companies;

·       To our business partners, such as advertising partners, in compliance with applicable laws;

·       To public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties;

·       To our subsidiaries and affiliates; or a subsequent owner, co-owner, or operator of the Service and their advisors in connection with a corporate merger, consolidation, restructuring, or the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy; and

·       To other third parties, with your consent or as otherwise required or permitted by law.

Moreover, we may disclose information to third parties in an aggregate format that does not constitute personal data and does not allow the identification of individual users.

7.              Your Rights

You have the following rights with respect to the personal data we hold about you:

·       The right to know what data we hold about you: If you would like to know what personal data we hold about you, please contact us at support@futurefly.net. We seek to promptly respond to your inquiry.

·       The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to delete, or update the profile picture and your public user name in the Service is to log in to the Service and enter the necessary changes in the account settings of the Service. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at support@futurefly.net.

·       By providing information to the Service that forms the basis of communications with you, such as contact information, you agree to receive electronic communications from us. However, you have the right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages and SMS-messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at support@futurefly.net.

8.              Data Security

We take reasonable measures to protect personal data about you from unauthorized access or against loss, misuse or alteration by third parties. Despite these efforts to store personal data collected in and through the Service in a secure operating environment that is not available to the public, we cannot guarantee the security of personal data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.

9.              International Transfers of Personal Data

Some elements of the Service may be hosted on servers located in countries outside your own country. In particular, the Service is hosted on servers located in the United States. The laws applicable to the protection of personal data in such countries may be different from those applicable in your home country. In particular, if you are located within the European Union, please note that personal data collected by us is transferred outside the European Union / European Economic Area. You consent to personal data about you being transferred outside your own country and, where applicable, outside the European Union.

10.           Children’s Privacy

The Service is not directed to children under 13. We do not intend to collect personal data from children under 13. If you are under 13, please do not use the Service and do not send any information about yourself to us.

11.           Your California Privacy Rights

Futurefly permits residents of California to use its Service. Therefore, it is the intent of Futurefly to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal data to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all users. You may contact us at support@futurefly.net with any questions.

12.           Changes to the Privacy Policy

From time to time we may change this Privacy Policy. You can tell when changes have been made to the Privacy Policy by referring to the “Last Updated” legend on top of this page. If we materially change the ways in which we use and disclose personal data, we will post a notice in the Service. We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our privacy practices. Your continued use of the Service following any changes to this Privacy Policy constitutes your acceptance of any such changes made.

13.           Questions or Concerns?

Should you have any questions regarding this Privacy Policy, your privacy as it relates to the use of the Service, or the protection of the personal data we hold about you, please contact us via e-mail at support@futurefly.net or by mail at Futurefly Oy, Pursimiehenkatu 26 B, 00150 Helsinki, Finland. We seek to promptly resolve any concerns you may have.