Privacy Policy
LAST UPDATED: December 11, 2024ABOUT US
Our Platforms (“Platforms” means the website(s), including but not limited to https://luvly.care (the “Site”); mobile applications (means applications and games (each an “App”, collectively “Apps”)) and any related documentation, services; any images, logos, music, photographs and video content, software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, wellness plans, and all other materials and content accessible within the Apps or Site that are incorporated into and form part of our Apps and etc. (“App Content”) are owned, managed and operated by the Company).Company shall mean:(1) GISMART LIMITED, a private company limited by shares, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE.We can be contacted by writing to(1) GISMART LIMITED, 151 Wardour Street, London, England, W1F 8WE, or via https://account.luvly.care/contact-form.The Apps available via the Platforms may also be distributed to you by our partners:EXTRAMILE LIMITED, a company incorporated in Cyprus, company number ΗΕ 445953, whose registered office is located at Prodromou, 75, ONEWORLD PARKVIEW HOUSE, Floor 4, 2063, Nicosia, Cyprus;Fulfilling Inc., a Delaware corporation with its registered address at 1007 N Orange St. 4th Floor Ste 1382, Wilmington, New Castle, 19801.At Gismart we are dedicated to leveraging technology to enhance users' physical and emotional well-being, foster enjoyment through music and entertainment, and boost productivity and convenience in mobile device usage.We believe in the remarkable potential of technology to drive positive change and are committed to the highest standards of privacy and security. As trusted keepers of your personal data, we prioritize transparency and accountability in our data practices, ensuring that you have full knowledge of your data while benefiting from our Platforms.When you use Platforms, we may collect, store and process some data, including personal data. This privacy policy (“Privacy Policy”) sets out the main principles on which the data collected from you, or that you provide to us, will be processed by us. This Privacy Policy also aims to remind you about your rights and to provide you with all the elements you need to exercise them. In accordance with data protection legislation (GDPR, UK GDPR, CCPA and etc.), we act as the controller of your personal data. In some cases, we may act as the processor of personal data, as indicated in this policy below. For data protection legislation in the United Kingdom, we are the controller of your personal data, and, regarding a part of personal data, the processor of your personal data.We encourage you to review our Privacy Policy in its entirety to gain insight into our data handling practices. We have meticulously crafted this policy to be clear and accessible, but if you have any questions or concerns, please don't hesitate to contact us via https://account.luvly.care/contact-form or the address below for further information.GISMART LIMITED151 Wardour Street, London, England, W1F 8WE.IF YOU DO NOT ACCEPT THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT USE OUR PLATFORMS.
YOUR DATA COLLECTED BY US
As you engage with our Platforms, we gather data concerning a recognized or identifiable living individual ("personal data") through the following means:Data Directly Provided by You: this encompasses any information you manually input or furnish to us while utilizing our Platforms. For instance, this might include details like your name, email address, phone number, or any other information you decide to disclose during registration or account setup.Data Automatically Collected by Us: when you access our Platforms, we automatically procure certain details regarding your engagement and activities within the Platforms. This may entail specifics about your device, such as its model, operating system, unique identifiers, IP address, and data related to your actions within the Platforms.Data Acquired via Cookies: to understand your interactions with our Platforms better, we utilize cookies and similar technologies. Cookies enable us to retain particular details about you, such as your preferences or previous interactions, thereby enhancing your experience on our Platforms and delivering tailored content. You can find more in our Cookie Policy.WHY WE PROCESS YOUR DATA
Data processing is crucial to enable your usage of our Platforms. Whenever you use our Platforms, some personal and non-personal data is collected, stored, and analyzed using internal and third-party tools.Below are several additional purposes for which we process your data:- provide customer support, we may engage in email communications with you if you have contacted our support team with any queries relating to our Platforms.
- enhance the features of our Platforms, we analyze how you interact with the Platforms to tailor the experience to your needs. This includes refining prediction accuracy, developing new algorithms for enhanced insights, and generating content on topics of interest to you.
- enhance the technical aspects of our Platforms, we continuously work to improve your experience and streamline features for your benefit.
- optimize our advertising strategies, we analyze the performance of our advertising campaigns on the Platforms. This helps us identify your engagement and subscription status, as well as gauge interaction with our advertisements.
- improve our Site, we utilize website analytics to track performance and understand user behavior. This aids us in offering an improved user experience and optimizing our Site's functionality.
HOW YOUR DATA IS HANDLED
Depending on which features of the Platforms you use, we will process your personal data based on one or more of the following legal bases (we have provided you with some examples):TYPES OF LEGAL BASIS WE USE
DESCRIPTION
Legitimate interest
We process your usage data on this legal basis to technically improve the Platforms based on our legitimate interest as a Company to continuously improve the Platforms and deliver an improved service to you.
Contract
We process your usage data on this legal basis to fulfill the contractual duty of granting you access to use our Platforms.
Legal obligation
We process your usage data on this legal basis to comply with pertinent laws and regulations. This implies that we may handle personal data as mandated by law, ensuring adherence to applicable legal mandates.
Consent
We process your usage data on this legal basis to promote Platforms and optimize our advertising efforts to effectively tell more people about Platforms. This may include the user’s contacts, a list of the user’s contacts, and related data about the user’s contacts. This data will be collected by Us, for example, to display the user’s contact list.
LEGAL BASIS
PURPOSE OF PROCESSING
EXAMPLE
Legitimate interest
Responding to your requests.
We may process your name and email, e.g., to properly respond to your unsubscribe request.
Contract
Processing transactions and sending you related information, including confirmations and reminders for account management and other administrative purposes
We may send you a reminder (e.g., via push notifications) if your subscription has expired or is due to expire, or we may email you containing your invoice, if applicable, using your device data.
Consent
Making offerings to you.
We may offer you a discount for our subscriptions.
FACE DATA
Processing of Face DataOur app includes a face-scanning feature that enhances user interaction by providing personalized functionality. This feature processes a photo of your face, submitted by you, via our secure server to generate tailored insights using our machine learning technology.- We only collect and process photos of your face with your explicit consent and deliberate action.
- No photos are captured, uploaded, or processed without your active engagement.
- Photos sent to our server are processed in real time and immediately deleted upon completion of the analysis. No facial images are stored on our servers.
DATA RETENTION
We retain your personal data for as long as your account is active or for as long as it is necessary for the purposes of its collection and processing (e.g., for resolving disputes, for safety and security reasons, or for complying with our legal obligations). However, the period for which we may retain your personal data cannot exceed 2 (two) months from the date of account deactivation and/or deletion.SHARING OF YOUR PERSONAL DATA
We may need to share your personal data with certain third parties as follows:Third-party service providers:This may include providers of certain systems and services that we use to host, administer, and maintain our Platforms, including the servers used to host our Platforms, email service providers, payment processors, fraud prevention vendors, analytics, customer service providers and other service providers.Third-party service providers for marketing purposes:If you consent to any marketing from us, certain personal data may be shared with third-party service providers we use to help us carry out marketing including, e.g., third-party marketing automation platforms.Compliance with Laws:
We may disclose your personal data to a third party if
- we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; or
- to protect the security or integrity of the Platforms; or
- to protect us, our customers or the public from harm or illegal activities; or
- to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
Group companies:Your personal data may be shared among affiliates and subsidiaries. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction, such as a merger or sale of assets.
THE FOLLOWING ARE A FEW OF THE ESSENTIAL PROCESSORS WE TRUST:
Processor’s name
Processor’s privacy policy
Purpose
Amplitude
https://amplitude.com/privacy
Tracking user interactions and engagement within the app. Collecting user behavior data, event tracking, and app usage statistics to analyze user behavior, measure app performance, and improve user experience.
AppsFlyer
https://www.appsflyer.com/legal/privacy-policy/
Providing mobile attribution and marketing analytics, including deep linking functionality. Collecting device information, user interactions, and attribution data to measure the effectiveness of marketing campaigns, improve user acquisition strategies, and facilitate deep linking within the app.
Firebase Crashlytics
https://firebase.google.com/support/privacy?hl=ru
Tracking and reporting app crashes and stability issues. Collecting crash reports, device state information, and user interactions leading up to a crash to help us identify and fix bugs, ensuring a stable and reliable app experience.
Firebase Authentication
https://firebase.google.com/support/privacy?hl=ru
Providing secure authentication for users signing in to our app. Collects user identifiers (e.g., email, phone number) and authentication tokens to manage user sessions and secure access to the app.
Firebase Analytics
https://firebase.google.com/support/privacy?hl=ru
Tracking user interactions and engagement within the app. Collecting user behavior data, event tracking, and app usage statistics to analyze user behavior, measure app performance, and improve user experience.
Facebook (Analytics)
https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0
Tracks user interactions and engagement within the app. Collects user behavior data, event tracking, and app usage statistics to analyze user behavior, measure app performance, and improve user experience.
Reteno
https://reteno.com/privacy-policy
Enhancing user engagement through personalized communication and retention strategies, including marketing emails and push notifications. Collecting user activity data, preferences, engagement metrics, and contact information to create personalized user experiences, improve retention efforts, and send targeted marketing emails and push notifications.
DATA STORAGE AND CROSS-BORDER TRANSFERS
The personal data we maintain will primarily be stored and processed within the EU. We will do our best to keep this personal data secure. All information we hold is stored on our secure servers (which we own or license from appropriate third parties). We use industry-standard procedures and security standards to prevent unauthorized access to our servers.However, there may arise situations where we need to collaborate with trusted third parties located outside the EU to deliver services and subscriptions to you (for instance, when utilizing servers in the US). We choose our processors very carefully. We do not work with processors based in countries where we are concerned about the rule of law with respect to privacy.We have entered into Standard Contractual Clauses with all non-EEA third parties whose data processing tools we use (data processors) if there is no adequacy decision by the EU Commission for their particular country. We adhere to the principles of minimization and anonymization, where feasible, to ensure compliance with the GDPR and other relevant data privacy laws when transferring personal data, if necessary.By providing your personal data, you explicitly consent to its transfer, storage, or processing outside the EU. We will take all reasonable steps to ensure that this information is handled securely and in accordance with this Privacy Policy.SECURITY
Ensuring the security of your data is a top priority for us. We employ robust technical and organizational measures to safeguard the personal information entrusted to us.Your personal data is safeguarded by the password you create when registering on our Platforms. It's essential to choose a strong password and keep it confidential to prevent unauthorized access. Additionally, refrain from sharing your password and ensure the security of your computer or mobile device.We have instituted reasonable administrative, technical, and physical security measures to protect your personal data from unauthorized access, alteration, or destruction. For instance:- We utilize SSL encryption (HTTPS) for all interactions involving personal data.
- Our databases are encrypted, and we store data on physically secure servers protected by firewalls.
YOUR PRIVACY RIGHTS
We aim to ensure that you are fully informed about all your data protection rights and the methods available to exercise them. Please note that these rights may vary depending on your location:- Access: you can request to receive a copy of the personal data we hold about you.
- Rectification: if you believe that any personal data, we are holding about you is incorrect or incomplete, you can request that we correct or supplement it. You can also correct some of this information directly from your account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
- Objection: you can contact us to inform us that you object to the collection or use of your personal data for certain purposes.
- Erasure: you can request that we erase some or all of your personal data from our systems.
- Restriction of Processing: you can ask us to restrict or limit further processing of your personal data.
- Portability: you have the right to ask for a copy of your personal data in a machine-readable format. you can also request that we transmit the personal data to another entity where technically feasible.
- Withdrawal of Consent: if we are processing your personal data based on your consent (as indicated at the time of such data collection), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have then to provide express consent on a case-by-case basis for the use or disclosure of certain of your personal data, if such use or disclosure is necessary to enable you to utilize some or all Platforms.
- Right to File Complaint: you have the right to lodge a complaint about our practices with respect to your personal data with the supervisory authority of your country.
OUR POLICIES CONCERNING CHILDREN
If you are in the EU, you must meet the age requirement specified by the laws of your country to use our services, e.g. if you are at least 16 years old in Germany, you are eligible to provide explicit consent for the processing of your data. Alternatively, if you are under the required age, you can still use our services with the consent of your parent or legal guardian. In the event that we learn that we have inadvertently gathered personal data from children, we will take reasonable measures to promptly erase such information from our records.If you are a parent and learn that your child is using our Platforms without your permission, or if you have a specific question about data privacy, do not hesitate to get in touch with us via https://account.luvly.care/contact-form.If you are in the United States, you must be at least 13 years old to use the Platforms. If we become aware that information has been collected from children under the age of 13 in the United States in violation of the Children’s Online Privacy Protection Act of 1998 and its regulations, we will not disclose this data. We reserve the right to promptly delete the account and erase all associated information, including health and sensitive data, from our servers.HOW CAN YOU MANAGE YOUR DATA?
If you wish to access, correct, or update your personal data, you can do so at any time by contacting us via https://account.luvly.care/contact-form.If you would like us to delete your information, you may:- contact us via https://account.luvly.care/contact-form and describe your request in a few words, and/or
- Android: open “Profile” - “Settings”, select “Manage account details”, press “Delete account” button, confirm deletion on the popup and write an email to support team via https://account.luvly.care/contact-form. IOS: open “Profile” - “Settings”, select “Manage account details”, press “Delete account” button, confirm deletion on the popup:
- if you purchased a subscription on the Site: write email on the opened chat to support team;
- if you purchased a subscription via App Store: no additional actions required, account deleted.