Date of Last Amendment: 15 March 2023
This privacy notice (the “Privacy Notice”) describes the way JWE Sarl, with registered offices 44, avenue John F. Kennedy, L-1855 Luxembourg (Luxembourg), registered under the Luxembourg register of commerce and companies (RCS) n°B207016 (hereinafter, the “Company”, “we”, “our” or “us”) collects, uses and shares personal data of any user (hereinafter “you” or the “User”) of the Club Elite Chat application allowing users to chat between themselves (hereinafter the “Application ”).
- OUR CONTACT DETAILS
Name : JWE Sarl
Address : 44, avenue John F. Kennedy, L-1855 Luxembourg (Luxembourg)
Email : email@example.com
- DATA CATEGORIES AND SOURCE
We currently collect and process the following information in the context of the Application:
– Identification information: we collect your username;
– Usage information: we collect information about how you use our Application, including the frequency and duration of your use;
– Location information: we may collect information about your location when you use our Application, although you have the option to turn this off in your device settings;
– Device information: we collect information about the device you use to access our App, including the type of device, its operating system, and its unique device ID.
– Content information : we process the data that you will send via the Application (messages, pictures, videos).
We will most likely obtain the personal data directly from you as part of your use of the Application.
- PURPOSES OF THE PROCESSING OF PERSONAL DATA
Most of the personal data we process are provided to us directly by you for one of the following reasons:
– Log in into your account;
– Provide you with our products/services (chat features) via the Application;
– Invoice any costs generated by the use of the Application;
– We will collect data from the Application’s interactions for analytical purposes.
– We will also collect data about performance (crash logs, diagnostics, etc.) and device ID where it is applicable.
In accordance with the General Data Protection Regulation (GDPR) and the Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework, the legal bases on which we process this personal data, are as follows:
– We have a contractual obligation to process your data for the use of the Application (in order to provide you with the chat features such as creating ‘spaces’ which can later be used to communicate with other users);
– We have legal obligations (e.g. for sending you invoices in case you want to use the features of the Application that require a payment and to comply with our accounting and tax obligations, etc);
– We have a legitimate interest in collecting your personal data and exchanging with you (to respond to your requests or improve our Application, prevent abuse and fraud, monitor the regularity of our Application, exercise, defend and preserve our rights, for example in case of disputes, as well as to provide evidence of any violation of our rights, manage and improve our relationship with you, continuously improve our Application and our products/services, unless these interests are overridden by your interests or your freedoms and fundamental rights requiring the protection of your personal data.)
In any case, we ensure you that we maintain a proportionate balance between our legitimate interest and respect for your privacy.
If you provide your consent, please be aware that you have the right to withdraw it at any time.
- DATA RECIPIENTS
The information you provide may be shared, in complete confidentiality, with service providers and business partners who help us operate and improve our Application features.
We use third party tools (in particular IT service providers for the secure hosting of your data, such as Firebase, Stash, Couch DB, AWS, etc) who are carefully selected. These subcontractors are subject to an obligation of confidentiality.
In the event of a dispute, the personal data of the Users concerned may be transmitted to a third-party responsible for managing disputes (law firm, collection company, etc.), which will also ensure compliance with the applicable legislation regarding this data.
In the event of a transfer (total or partial) of our activities (merger, sale, transfer of assets, judicial reorganisation, etc.), we may also share your personal data.
We may also share your information with legal authorities, in case we are required to do so by law or with other third parties with your consent.
- DO YOU HAVE A REGULATORY OR CONTRACTUAL OBLIGATION TO PROVIDE YOUR PERSONAL DATA ?
You don’t have any legal obligation to provide your personal data to us but please be aware that in this case, we may not be able to enjoy all the features of our Application (e.g. if some features are not free of charge, we may need your contact information details as well as your payment details).
- DATA RETENTION PERIOD
We keep your data for as long as required depending on the purposes indicated above. After this period, we will erase or anonymize your personal data. As a general rule, we will keep your personal data for a period of maximum 10 years as from the moment you are no longer a User.
- AUTOMATED DECISION-MAKING
Our Application does not involve any decision-making nor profiling (i.e. when the personal aspects of a User are assessed in order to make predictions about the subject, even if no decision is made) without human intervention.
- RIGHTS OF THE DATA SUBJECT
Under data protection legislation and subject to our own rights and obligations, you have the following rights:
Right of Access: You have the right to request access to your personal data from us, free of charge, and to obtain a copy in an accessible format.
Right of rectification: you have the right to ask us to rectify personal data that you consider to be inaccurate. You also have the right to ask us to complete your information.
Right of erasure: You have the right to ask us to delete your personal data in certain circumstances.
Right to processing restriction: you have the right to ask us to restrict the processing of your personal data in certain circumstances.
Right to object to the processing: you have the right to object to the processing of your personal data in certain circumstances.
Right to data portability: you have the right to ask us to return your data to you in an easily transferable format or, if technology permits, to transfer it directly to another service provider.
To exercise these rights, simply send us an email with proof of your identity to the following address: firstname.lastname@example.org.
We will then do everything in our power to do what is necessary as soon as possible.
- COMPLAINT TO THE SUPERVISORY AUTHORITY
If you remain unsatisfied with our response, you may file a complaint with your local data protection authority or the Luxembourg Data Protection Authority, whose contact details are as follows:
National Commission for Data Protection (the “CNPD”)
15, Boulevard du Jazz
email@example.com (or use the form on the CNPD website)
- TRANSFER OF PERSONAL DATA OUTSIDE THE EEA (European Economic Area)
Unless otherwise indicated, we do not transfer your personal data outside the European Economic Area. Should such personal data transfer take place, we would only transfer it to a country providing an equivalent level of data protection in comparison with the European Union (for more information, see the following link: https://commission.europa.eu/law/law-topic/data-protection_en).
- PROTECTION OF THE DATA SUBJECT’S PERSONAL DATA
- WHAT IS OUR POLICY ON DATA CONCERNING MINORS ?
Our Application and services are not targeted to minors. If you learn that your minor child has provided us with their personal data without your consent, please contact us at the following address: firstname.lastname@example.org.
- WHAT HAPPENS IN THE EVENT OF A CHANGE TO THE PRIVACY NOTICE ?
We may update this Privacy Notice from time to time in order to improved it or to reflect any changes of the applicable law or our internal policies.
If we change this Privacy Notice, the date of last amendment of this document at the top of this document will be updated (We therefore recommend that you check this page regularly in order to be aware of the current applicable version).
We will be notified through our Application or by message.
- WHAT TO DO IN CASE OF DISPUTE?
Long trials do not benefit anyone. In the event of a dispute between us, we commit to give priority to dialogue and openness in the search for an amicable solution. You can also contact the Data Protection Authority if you remain unsatisfied with our response (see contact details above).