Privacy Policy for GDPR Regions

​

THIS PRIVACY POLICY (“POLICY”) DOCUMENT IS IN COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATION (EU) 2016/679 (“GDPR”) AND OTHER APPLICABLE EU LAWS. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

​

​​

At PicSee (“Platform”), our users can exchange photos with their friends and family (“Users”, “you”, “your”)

The Platform is owned by Billion Hearts Software Technologies Private Limited, a company incorporated under the Indian laws (“hereinafter may be referred to as the “Company”, “We”, “Us”, and “Our”). 

​

The Company is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any information you share with the Company on and through the Platform. This Policy explains how the Company will collect, use, share and process information in relation to the intermediary services provided on the Platform.

This Policy shall be deemed to be incorporated into the terms of use of the Platform (the “Terms of Use”) and shall be read in addition to the Terms of Use. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by the Company shall be final and binding on you. 

​

By accepting this Policy, you understand and agree to the collection, use, sharing and Processing of your information as described herein. If you provide the Company with information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both the disclosure and the use/Processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users and others who access this Platform. 

​

If you are unwilling or unable to be legally bound by this Policy, please do not use the Platform. You cannot accept this Policy if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with the Company in accordance with the applicable laws.​

​​

DEFINITIONS

​

1. “Controller” means the entity that determines the purposes and means of Processing of Personal Data, as defined under Article 4(7) GDPR.

2. “Data Subject” means an identified or identifiable individual whose Personal Data is processed.

3. “European Economic Area” or “EEA” means the internal market comprising the Member States of the European Union together with Iceland, Liechtenstein, and Norway, which are not members of the EU but participate in the EU’s Single Market under the EEA Agreement.

4. “European Union” or “EU” means the political and economic union currently composed of 27 Member States that have transferred certain sovereign powers to common institutions, including but not limited to Austria, Belgium, France, Germany, Italy, Spain, and others.

5. “Personal Information” or “Personal Data” means any information relating to an identified or identifiable natural person, as defined under Article 4(1) GDPR.

6. “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, as defined under Article 4(2) GDPR.

7. “Processor” means any natural or legal person which processes Personal Data on behalf of the Controller, as defined under Article 4(8) GDPR.

8. “Special Categories of Personal Data” or “Sensitive Personal Information” refers to sensitive data under Article 9 GDPR, such as biometric data or information about health, racial or ethnic origin, sexual orientation, etc.

​

SCOPE OF THIS POLICY

​

1. By accessing or using the Platform or by giving your consent or otherwise giving us your information, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and the Company under the applicable laws. 

2. You understand that the Company acts as the Data Controller in relation to the Personal Information / Sensitive Personal Information processed through the Platform. The Company will collect and process your personal and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or third-party information handled by the Company is managed in a way that is ethical, compliant and adheres to best industry practices. 

3. Please read the terms and conditions of this Policy carefully, before accessing or using this Platform. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.  

4. This Policy describes the types of information the Company collects, why and how the Company uses the information, with whom the Company shares it, and the choices you can make about the Company’s use of the information. This Policy also describes the measures the Company takes to protect the security of the information and how you can contact the Company about its privacy practices. 

​

TYPES OF INFORMATION COLLECTED BY THE COMPANY

​

1. Personal Information: The nature of Personal Information collected by the Company may include, your name, photos, videos, billing / alternate address, contact number, date of birth, age, gender, e-mail address, or any other information about you which is identifiable by or in relation to such data. The Company limits the collection of Personal Information which is necessary for its intended purpose of use and access of the Platform. 

2. Sensitive Personal Information: The nature of Special Categories of Personal Data collected by the Company includes the biometric information, face captures and facial data.

3. Device Information: The Company collects information about your device such as information collected from and about the computers, phones, laptops, tablets, connected TVs and other web-connected devices that integrates with our Platform, including, browser type, the URL of the previous Platforms you visited, your internet service provider (ISP), device operating system & version and your internet protocol (IP) address, language, time zone, device location, information about your mobile device including hardware model, preferred language, unique device identifier, battery level, signal strength, available storage space, and / or any information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos, its location and time (such as the location of a photo or the date a file was created), any information you provide us when you contact Us for help; information you enter into our system when using the Platform, such as while asking doubts, participating in surveys and any other information you may give on and through the Platform. 

4. Usage Information: The Company collects information about your usage of the Platform such as data and information collected automatically through the Platform (or through the third party analytics service providers), by use and access of the Platform in the nature of system administrative data, statistical and demographic data, and operational information and data generated by or characterizing use of the Platform including cookies, your search queries, comments, search results selected, number of clicks, pages / profiles viewed and the order of those pages, error logs, Platform traffic, time spent on the Platform, number of visits to the Platform and other similar information and behaviour indicating the mode and manner of use of the Platform. The Company may gather any non-personal information regarding how many people visit the Platform, the pages you visit, how long you visited our Platform, the date and time you used the Platform. 

5. Third Party Information: We also receive and analyze content, communications and information that other people provide when they use our Platform. This can include information about you, such as when others share a photo of you, send a message to you, or upload, sync or import your contact information.

6. Personal Information, Sensitive Personal Information, Device Information, Usage Information and Third Party Information hereinafter shall be referred to as “Information”. The Company limits the collection of Information which is necessary for its intended purpose. 

​

YOUR PHOTOS, YOUR CHOICE

​

1. The photos and images that you upload or exchange on our Platform are your Personal Information (“Photos”). We do not store any of your Photos permanently but only temporarily until it is transmitted to the recipient(s). Once the exchange is successfully completed, the Photos are deleted from our storage systems. These Photos are end-to-end encrypted and are only visible to the sender and the recipient. Photos are only shared with people who are in the respective Photo.

2. You must know that the Platform accesses your gallery, and such access is with your due permission. Without access to your gallery, your use of the Platform will be limited, and we will not be able to perform the service effectively. 

3. We believe that you are the owner of the Photos clicked from your device, and, we want you to control such Photos as per your choice. Photos are shared only with people you choose to share with. You can also switch off the exchange with a person at any time you would like.

4. The Platform offers a window of “24 hours” for review and approval of the Photos before it is shared with recipients (“24 Hour Window”). You will be informed, via in-app notifications, once the Photos are found, and you will have a 24 Hour Window to review these Photos. If you do not act on it within the 24 Hour Window, it shall be assumed that you consent to a particular exchange or sharing of Photos, and such Photos will be shared with the recipient. During this 24 Hour Window, you also get the option to cancel sending a particular Photo(s). 

5. After this 24 Hour Window, you still can recall your Photos at any time, however, the Photos already downloaded by the receiver or residing on the device of the receiver cannot be recalled as we do not have any control over their device. In any case, you may still stop the receiver from downloading the Photo within 24 hours of it being sent to them.

6. The Platform blocks any screenshot of the Photos, enhancing safety of our Users. The Platform is designed with a focus on privacy and respect for User content. To ensure a secure and comfortable experience, we use advanced algorithms to automatically filter out sensitive photos, such as, nudity or partially nude images, intimate moments, such as kissing, and photos featuring revealing attire (e.g., deep necklines). These filtered photos are excluded from the selection and the sharing process, and are never lined up for sending or matching. While we take reasonable measures to identify and filter such content, this process is automated and may not be 100% error-free. Users are encouraged to review their selections before sharing and ensure they are comfortable with the Photos being shared. You have the right to object to such filters, profiling and request human intervention if you believe the results are incorrect. To exercise this right, contact us at ping@billionhearts.co. 

7. For iOS Users, once you have granted the Platform permission to access your photo gallery, if certain photos or assets are not available locally on your device, the PicSee app may securely fetch such assets from your iCloud Photo Library to your device to enable the intended photo exchange functionality. It will soon give users the option whether they want their iCloud gallery scanned for friends. When the iCloud gallery is scanned, it's possible that these photos get downloaded to your gallery temporarily before iCloud fetches them back to iCloud and removes them from your phone's storage. PicSee only scans your iCloud if there's atleast 21 GB of storage on your phone.

 

CONSENT

​

1. By accepting the terms of this Policy, you expressly consent to the Company’s use, access, Processing and disclosure of your Information in accordance with the terms of this Policy.

2. Our Platform offers users the option to access their accounts using various sign-in methods. When you choose to log in via third party applications or accounts (Ex: via Gmail, social media accounts, yahoo etc.), we receive certain information from such third party applications to authenticate your identity and facilitate your login experience (“Login Credentials”). This information may include your name, photograph, email address, and other profile details associated with your third party application account. 

3. You hereby explicitly agree that your use and access of the Login Credentials shall be governed by the Terms of Use read with the terms of this Policy. You should not share your Login Credentials, one-time password or other security information for your account with anyone. If we receive instructions using your Login Credentials, we will consider that you have authorized the instructions.

​

MINOR

 

The Company does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. The Company does not intentionally or knowingly collect Personal Information / Sensitive Personal Information through the Platform from anyone under that age. The Company encourages parents and guardians to be involved in the online activities of minors to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Platform on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to the Company’s use of such person’s Personal Information as described in this Policy. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at ping@billionhearts.co. We will take appropriate steps to remove such data.

​​

LEGAL BASIS FOR PROCESSING

​

1. We will collect and process your Personal Information / Sensitive Personal Information where we have a legal basis to do so under applicable EU data protection laws, including the GDPR. The legal bases we may rely on include:

2. Consent: We may process your data where you have given clear consent for us to process your Personal Information / Sensitive Personal Information for a specific purpose such as for providing services to you.

3. Contractual Necessity: We may process your Personal Information / Sensitive Personal Information when it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

4. Legal Obligation: We may process your Personal Information / Sensitive Personal Information where Processing is necessary for compliance with a legal obligation that we are subject to.

5. Legitimate Interests: We may process your Personal Information / Sensitive Personal Information where it is necessary for the purposes of our legitimate interests or the legitimate interests of a third party, provided those interests are not overridden by your data protection rights and interest.

​

COLLECTION OF INFORMATION 

​

1. The Company may collect Information from you when you (a) register on the Platform; (b) update or change personal details in your account; (c) use the Platform for availing the services provided by the Platform; (d) voluntarily participate in campaigns conducted by the Company on the Platform or respond to questionnaires published by the Company on the Platform (if any); (e) voluntarily complete a customer survey or provide feedback on any of our message boards or via e-mail in relation to the products and services provided on the Platform; and (f) when you give us access to your device to exchange photos on and through the Platform. 

2. In order to enhance certain features of the Platform, such as uploading documents or accessing media content, Company may request access to photos and files stored on your device. This access is required to facilitate the functionality of the Platform and provide you with a seamless user experience. Company will only access photos and files upon your explicit authorization and will not use this information for any purpose other than as described in this Privacy Policy.

3. You hereby acknowledge and agree that all Information is provided by you to the Company voluntarily and the Information provided by you is not subject to any undue influence.

4. Information collected by the Company from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected. For example, we use information collected about your use of our Platform on your phone to better personalize the content or features you see when you use our Platform on another device, such as your laptop or tablet.

5. You may not be able to use the Platform to its optimum features and functionalities, without providing the Company any Information about yourself. 

​

PURPOSE AND USE OF PROCESSING

​

1. The Company uses the Information you provide to: (a) manage your account; (b) fulfil your exchange of Photos with your friends, family and contacts; (c) respond to your inquiries about our services, offerings and features of the Platform; (d) provide you with information about products and services available on the Platform and offer you other services that the Company believes may be of one interest to you; (e) resolve any glitches on the Platform including addressing any technical problems; (f) improve the services and content on the Platform and your experience of navigating through the Platform; (g) to monitor your use of the Platform and administer the Platform; (h) learn about each User’s learning patterns, activities and movements around the Platform; (i) manage the Company’s relationship with you; (j) to provide you with a personalized experience, feature or content that are unique and relevant to you; (k) to train computer vision and face recognition models, including to train the computer vision to provide you with more accurate results; (l) to conduct research and analysis to improve our products, services, and Platform; (m) to monitor, detect, and prevent fraudulent activities, unauthorized access, and security breaches.

2. The Company may use the Information to monitor your use of the Platform and may review and analyse the Information to provide you with customized service.

3. The Company may use your Device Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and / or features, enhancing and improving existing products and services and identifying usage trends. 

4. Subject to and in accordance with applicable laws, the Company has the right to use your Information for the purpose of conducting promotional / marketing related activities.

5. When you send an email message or otherwise to contact the Company through its Platform, the Company may use the Information provided by you to respond to your communication. The Company may also archive such Information and / or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.

​

NOTIFICATION PREFERENCES

​

1. By using the Platform, you have the option to enable notifications in order to receive updates, alerts, and relevant information from the Company. By enabling notifications, you agree to receive communications from the Company through the Platform or other communication channels as specified by the Company, including but not limited to SMS, email, WhatsApp, and push notifications.

2. Notifications may include, but are not limited to, updates on photo uploads and exchanges, sharing requests, and reactions from friends and contacts, reminders to respond to pending requests, important announcements regarding the Platform’s features and functionality, privacy or security-related alerts, promotional offers, and other relevant information connected with the services provided by the Company and / or its authorized representatives.

3. The Company shall determine the frequency and mode of delivery of notifications, which may vary depending on the type of information being communicated and your chosen preferences. The Company will make reasonable efforts to ensure that notifications are timely, relevant, and delivered in accordance with your notification settings.

4. You shall have the option to opt out of receiving notifications at any time by adjusting your notification settings within the Platform or by contacting the Company directly. Please note, however, that opting out of notifications may affect your ability to receive important updates and information from the Company. Certain categories of notifications, such as security alerts, account activity confirmations, and service-related updates, are essential to the proper functioning of the Platform and cannot be opted out of.

5. By enabling notifications, you grant the Company permission to send notifications to your device and to access such device identifiers, notification preferences, and other relevant technical data as may be necessary to deliver notifications effectively.

​

USE OF FACIAL RECOGNITION TECHNOLOGIES

​

1. We use a liveness detector to capture your face and assist in identifying your photos on other devices. To enable this functionality, we store your photos on our servers in the form of embeddings (mathematical representations of your facial data) and, at times, as photo captures. These are essential for improving the accuracy of finding your photos on the devices of your friends and family. Without storing this data, we would not be able to perform this service effectively. 

2. By using our liveness detection feature, you acknowledge and agree that you are solely responsible for ensuring that your face is used during the verification process. If you intentionally use someone else’s face or allow someone else to impersonate you during the liveness detection, we will not be held responsible for any resulting impersonation or fraudulent activity. Any misuse of the liveness detection feature in violation of this Policy may result in the suspension of your access and / or legal consequences, as applicable.

3. We utilize advanced facial recognition models and algorithms that are highly accurate. However, as with any technology, there is a minimal possibility of errors. While we aim for high accuracy and reliability, the technology cannot guarantee 100% accurate results in all scenarios. If an error occurs (e.g., misidentification of a photo or mistaking you with your identical twin), we, also at times, rely on User’s feedback to identify and correct these mistakes and by enabling the feature of 24 Hour Window for Users to review and confirm the Photos. In such cases, we will promptly remove the incorrectly identified photos and use the information to improve our models through reinforced learning. However, if this small chance of error makes you uncomfortable, we recommend refraining from using the app. Note that similar technologies, even in large scale global products, face similar challenges.

4. Facial recognition models often require multiple photos of a person to achieve higher accuracy across different scenarios, such as with masks, glasses, or varying lighting conditions. The more facial data we have, the better our ability to identify your photos accurately, ensuring fewer missed matches and improved functionality.

5. To optimize the storage on your device, Photos are compressed using lossless compression techniques. This ensures that the quality of your Photos is preserved while significantly reducing the amount of storage space required. While we aim to maintain the original size of your Photos, doing so may lead to excessive data usage and storage consumption, which we strive to minimize for your convenience. Rest assured, our compression methods prioritize maintaining the clarity of your Photos.

6. The facial recognition technology used on this Platform is solely intended to facilitate the exchange of Photos by identifying and categorizing individuals based on their facial features. By using the Platform, you consent to the use of facial recognition technology to analyze Photos that you give us access to. You must obtain explicit consent from any individual whose face appears in the photos before uploading or sharing them. Users are prohibited from (i) uploading or sharing Photos without the consent of individuals depicted; (ii) using the Platform to impersonate, misrepresent, or harm others; (iii) exploiting facial recognition technology for unlawful or unethical purposes. Such actions may result in the suspension of accounts or legal action. 

7. The Company may engage third party service providers to perform certain liveness detection services such as AWS (Amazon Web Services) and such other related services which are required by the Company to provide its services on the Platform. These third parties may have limited access to your Information. If they do, this limited access is provided so that they may perform these tasks for the Company and they are not authorized by the Company to otherwise use or disclose Information, except to the extent required by law. The Company does not make any representations concerning the privacy practices or policies or terms of use of such third parties, and the User is encouraged to peruse their privacy policy.

8. Given the nature of facial recognition and biometric data processing, we are committed to upholding the highest standards of privacy. We conduct regular Data Protection Impact Assessments (DPIAs) to proactively identify and mitigate risks. This process ensures our data handling practices are fully compliant with GDPR requirements and that robust safeguards are in place to protect your personal information.

​

INFORMATION SHARING

​

1. The Company maintains your Information and records of processing Personal Information in electronic form on its devices and equipment including any form of physical or offline records. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis and is regularly reviewed to ensure compliance with GDPR and other data protection laws.

2. The Company does not rent, sell, or share Information with third parties or with other non-affiliated entities, except with your consent.

3. The Company may engage third party vendors and / or contractors to perform certain services such as technical service providers, and email marketing providers, who may have limited access to Information. 

4. The Company may share Information with government authorities in response to subpoenas, court orders and / or other legal processes, to establish or exercise legal rights; to defend against legal claims; and / or as otherwise required by law. This may be done in response to a law enforcement agency’s request.

5. You are free to share your Information with whoever you choose. When you share and communicate using our Platform, you can select your audience from your contact list and share Information with them. You can also make some of your Information public which can be seen by anyone, on or off our Platform, including if they don’t have an account on the Platform. This includes your username; your display photo, any information you share with a public audience; information in your public profile on the Platform; and content you share publicly. You, other people using our Platform, and we can provide access to or send public information to anyone on or off our Platform, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Platform.

6. You should consider who you choose to share with, because people who can see your activity on our Platform or with whom you have shared your Information, can choose to share it with others on and off our Platform, including people and businesses outside the audience you shared with. For example, when you send a photo or send a message to specific friends or accounts, they can download, or reshare that content to others across or off our Platform. People can also use our Platform to create and share content about you with the audience they choose. For example, people can share a photo of you with other Users, or share information about you in their photos or messages. 

 

THIRD PARTY SERVICE PROVIDERS 

​

1. Notwithstanding anything contained hereinto the contrary, it is clarified that the Company is merely an intermediary and facilitator between Users of the Platform. The Company takes no responsibility for the actions and / or inactions including any negligence, fraud, breach of confidentiality, violation of applicable laws, of other Users of the Platform. This Policy only regulates and governs the Information shared by you on and through the Platform and not the Information shared by you directly with the other Users of the Platform. You are hereby advised to disclose any Information to other Users of the Platform, at your own risk. As a result of which, to the extent permitted under the applicable laws, the Company disclaims any and all liabilities towards any losses, damages, costs, compensation, loss of goodwill, reputation and / or any expenses incurred by you as a result of such Information sharing with other Users or third parties, as the case may be, misuse of your Information, breach of safety and security of the Information and / or any unlawful action in relation to the Information by other Users of the Platform or third parties.

2. The Company may engage third party vendors and / or contractors to perform certain support services for the Company, including, without limitation, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by the Company to provide its intermediary services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for the Company and they are not authorized by the Company to otherwise use or disclose Information, except to the extent required by law. The Company does not make any representations concerning the privacy practices or policies or terms of use of such platforms / third parties, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, or other materials available on and with such platforms / third parties. 

3. The Platform may contain links and interactive functionality interacting with the Platforms of third parties or third parties including without limitation the advertisements, social media platforms. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such platforms or third parties. Before enabling any sharing functions to communicate with any such platforms or otherwise visiting any such platforms, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party platforms.

​

INTERNATIONAL DATA TRANSFERS

​

1. Although the Platform is also available and intended for use within the European region/European Union, your Information may be transferred to, stored in, or processed in countries outside of the European Union to countries where our service providers, business partners, or vendors are located. These countries may have different data protection laws than those in the European Union, and in some cases, those laws may not provide the same level of protection as EU laws. When your Personal Information is transferred to countries outside the European Economic Area (EEA), such transfers will take place only in compliance with Chapter V of the GDPR. We ensure that appropriate safeguards are in place to protect your Personal Data to a standard essentially equivalent to that guaranteed within the EEA. Specifically:

2. Adequacy Decisions: Where the European Commission has determined that a third country, territory, or sector provides an adequate level of data protection, we may rely on such adequacy decisions for lawful transfers.

3. Standard Contractual Clauses (SCCs): In the absence of an adequacy decision, we rely on the most recent EU Standard Contractual Clauses (adopted under European Commission Implementing Decision (EU) 2021/914). These contracts impose data protection obligations directly on the recipient of the Personal Data.

4. Supplementary Measures: Where required under the GDPR, we assess the legal framework of the recipient country and implement supplementary technical, organizational, or contractual measures (such as encryption, pseudonymization, or split storage) to ensure an adequate level of protection.

5. Other Derogations: In exceptional circumstances, and only where permissible under Article 49 GDPR, transfers may take place based on your explicit consent, or where the transfer is necessary for the performance of a contract with you, or for the establishment, exercise, or defense of legal claims.

6. We regularly review our international transfer mechanisms and update them as necessary to remain compliant with evolving regulatory requirements.

7. While we strive to ensure compliance with applicable laws and regulations, it is not feasible for us to address the specific laws of every region. However, we are committed to protecting the privacy and Personal Information of all our users.

8. Acceptance of Privacy Policy: By accessing and using our services as a user outside the European Union, you acknowledge and agree to the terms of this Policy and our data practices.

9. Data Subject Rights: As a user outside the European Union, you may have certain rights regarding your Personal Information / Sensitive Personal Information under the applicable laws of your region. While we strive to respect these rights to the extent required by law, please note that our ability to fully address specific legal requirements may be limited. We will, however, make reasonable efforts to assist you in exercising your rights as permitted by applicable laws.

10. Compliance with Local Laws: While we endeavour to comply with applicable laws and regulations, including privacy and data protection laws, in all regions we operate, it is important to note that certain laws may have extraterritorial application. We encourage users outside the European Union to familiarise themselves with the local laws that may apply to their Personal Information and to assess the risks associated with using our services.

 

DATA PROCESSORS

​

1. We may appoint and engage carefully selected third-party service providers (“Data Processors”) to process Personal Data on our behalf in accordance with this Policy and applicable data protection laws. Such Data Processors may include providers of cloud storage, hosting, payment processing, analytics, marketing, and technical support services.

2. Where we appoint a Data Processor, we ensure that: (a) a written data processing agreement is in place as required by Article 28 GDPR; (b) the Data Processor acts only on our documented instructions; (c) the Data Processor implements appropriate technical and organizational security measures; and (d) the Data Processor provides sufficient guarantees of compliance with applicable data protection requirements.

 

DUTIES OF USERS

​

1. You are responsible for the accuracy of the information you provide to us, you must ensure that all personal data you submit is true, accurate, current, and complete. If you provide us with information about someone else, you confirm that such information is accurate and up-to-date, that the person is aware you have provided their information, and that they consent to its Processing in accordance with this Policy. You are also responsible for safeguarding your account Login Credentials and should not share them with anyone.

2. Each of the Users of the Platform are bound by certain obligations while sharing their Information including (apart from the obligations prescribed under the Terms of Use of the Platform):

• comply with the provisions of all applicable laws for the time being in force while exercising rights under the provisions GDPR;

• to ensure not to impersonate another person while providing their own personal data/Information for a specified purpose; especially their face, at the time of creating their account on the Platform;

• to use and enter their real name while using the Platform so that their friends can recognize them easily;

• to ensure not to suppress any material information while providing their personal data/Information for any document, unique identifier, proof of identity or proof of address issued by the State or any of its instrumentalities; 

• to ensure not to register a false or frivolous grievance or complaint with the Company or the data protection authorities; and 

• to furnish only such information as is verifiably authentic, while exercising the right to correction or erasure.

​

RIGHTS OF USERS

​

1. You have the right to change your mind and withdraw permission from us to use your Personal Information / Sensitive Personal Information as per the applicable laws including as per GDPR. Here is what you can do:

2. Access or update your Personal Information: You may request to provide a record of your Personal Information collected by the Company upon verification of your identity. 

3. Review, correct, and fix your Personal Information: If any of the Personal Information stored with us is inaccurate, you may review, correct or rectify such inaccurate Personal Information.

4. Withdraw your consent: You have the right to withdraw your consent given for the Personal Information at any point, provided such withdrawal of the consent is intimated to the Company in writing requesting the same and such withdrawal shall not affect the lawfulness of processing based on consent obtained prior to such withdrawal. 

5. Opt-out of Communications: You can unsubscribe from marketing emails by following the instructions provided in the email or by contacting us directly. However, please note that opting out of marketing emails may not stop Service related or other non-marketing communications.

6. Data Portability: You have the right to seek your Personal Information / Sensitive Personal Information in a structured, machine-readable format, provided such request is intimated to the Company in writing requesting the same and sufficient time to process such request is provided.

7. Objections / Right to Object: You can object to certain types of Processing, including profiling and direct marketing. If you wish to object, please contact us with your request.

8. Delete / Close Account / Right to be Forgotten: You can remove certain content through your account.

9. Lodging a complaint: You have the right to lodge a complaint with a competent data protection authority (supervisory authority) in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the Processing of personal data relating to you infringes the GDPR.

10. Please note that you may withhold your consent to process your Personal Information / Sensitive Personal Information prior to the collection and Processing of your Personal Information / Sensitive Personal Information.

11. To exercise the aforementioned rights, you may send a request at ping@billionhearts.co. However, in some circumstances, such as those in which the Company is required by law or other legal obligations to retain or process your Personal Information / Sensitive Personal Information, these rights may be restricted. This could also have an impact on the Company’s ability to serve you, which could result in the end of the Services you receive from the Company.

12. Once you withdraw your consent to share the Personal Information / Sensitive Personal Information collected by the Company, the Company shall have the option not to fulfil the purposes for which the said Personal Information / Sensitive Personal Information was sought and the Company may restrict you from using the services on the Platform and / or the Platform itself.

13. The Company reserves the right to verify and authenticate your identity and your account Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of your Personal Information / Sensitive Personal Information may be denied or limited by the Company if it violates another person’s rights and / or is not otherwise permitted by applicable law.

 

TERM OF STORAGE OF PERSONAL INFORMATION 

​

1. The Company shall store your Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Information has been collected. For example: the Photos that are exchanged within the Platform are stored temporarily in encrypted form until it is delivered successfully to the recipient. These periods vary depending on the nature of the Information and your interactions with the Company. 

2. Usage and device data may be retained for as long as necessary to fulfill the purposes of service improvement and analytics, and in any event no longer than 10 years, after which it will either be deleted or irreversibly anonymized.

3. Contact and account information will be retained for the duration of your use of the Platform and for up to 12 months after account closure to comply with applicable laws.

4. Any Information that is not Personal Information or Sensitive Personal Information shall be retained indefinitely as may be determined by the Company.

5. You agree that you will not submit any false Information or any illegal or damaging content to the Platform. The Company reserves the right to terminate access to or the ability to interact with the Platform in response to any concerns the Company may have about false, illegal, or damaging content submitted by you, or for any other reason, in its sole discretion.

​

COOKIES 

 

1. The Company may use cookies to monitor the Platform usage including, without limitation, to provide useful features to simplify your experience when you return to the Platform, like remembering your Login Credentials, Information and to deliver relevant content based on your preferences, usage patterns and location. 

2. To enhance your experience with the Platform, many of the web/application pages use "cookies” and pixel tags and clear gifts on certain pages of the Platform. Cookies are text files the Company places in your device to maintain your log-in and session details. Company uses three types of cookies, necessary session cookies (including username, email ID, user access information) which enables Company to recognise you and makes it easier for you to return to Platform and interact with the Company’s services without signing in again, and / or preference cookies (including search and browsing history) which are stored for the maximum duration permitted by law, which are stored indefinitely  (collectively referred to as the “Cookies”).  

3. Cookies, by themselves, do not tell Company your e-mail address or other personally identifiable information unless you choose to provide this information to Company by, for example, registering on the Platform and / or by availing the services provided by Company. Cookies are designed to hold a marginal amount of data specific to a particular user and Platform and can be accessed either by the web server or the user device. However, once you choose to furnish the Platform with personally identifiable information, this information may be linked to the data stored in the Cookies. Company uses Cookies to understand site usage and to improve the content and offerings on the Platform. For example, Company may use Cookies to personalize your experience on the Platform (e.g., to recognize you by name when you return to the Platform). Company also may use Cookies to offer you products, programs, or services. Cookies may be placed on the Platform by third-parties as well, the use of which Company does not control. You are free to accept or refuse the use of Cookies via the cookie banner that appears when you open/access the Platform.

4. Cookies are retained in your device unless specifically deleted, depending on the type of Cookies. If you decline the Cookies, you may be unable to use certain features on the Platform and you may be required to re-enter your password frequently. By using or accessing the Platform and / or the services provided by Company, you hereby explicitly authorise Company and give your consent to Company to store, use and access Cookies for the purposes outlined in this Policy. Most devices allow you to control Cookies through their settings, which may be adapted to reflect your consent to the use of Cookies, and they may also enable you to review and erase Cookies.

 

PROTECTION OF INFORMATION 

​

1. The Company has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. The Company takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. 

2. The Company implements appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of Personal Data, including:

 

• End-to-end encryption of photo exchanges;

• Multi-factor authentication;

• Access controls and role-based authorization;

• Regular penetration testing and security audits.

 

However, no system can guarantee absolute security; Users are encouraged to exercise caution when sharing content.

​

1. The Company shall implement organizational safeguards designed to reduce security risks and protect against unauthorized access, misuse, or disclosure of Personal Data. Such safeguards shall include, without limitation: role-based access controls to restrict data access to authorized personnel only; regular training and awareness programs for employees and contractors on data protection practices; documented incident response procedures to promptly detect, respond to, and mitigate security events; business continuity and disaster recovery planning to ensure uninterrupted service; and regular backup procedures to safeguard against accidental loss or destruction of data.

2. The Company considers the confidentiality and security of your information to be of utmost importance. It, therefore, uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and the Company will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while the Company strives to protect Information and privacy, the Company cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Platform. The Company will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. 

3. Access to your online account on the Platform is via your Login Credentials which is password protected and this helps to secure your account information. You are solely responsible for maintaining the confidentiality of your Login Credentials. To ensure safety of your Information, you are advised against sharing your Login Credentials with anyone. If you suspect any unauthorized use of your account, you must immediately notify the Company by sending an email to ping@billionhearts.co. You shall be liable to indemnify the Company for any loss suffered by the Company due to such unauthorized use of your account.

4. The Company is committed to ensuring transparency and accountability in the event of a data breach. In accordance with the applicable laws, the Company shall: (a) notify the relevant data protection authority within seventy-two (72) hours of becoming aware of a personal data breach; (b) notify affected users promptly where there is a risk of harm to their rights or interests; (c) take immediate remedial and containment measures to minimize the impact of the breach; and (d) maintain a breach register documenting the facts, effects, and remedial actions taken.

5. For any loss or theft of Information, due to unauthorized access to your device through which you use the Platform or other reasons solely attributable to you, the Company shall not be held liable or responsible under any circumstance whatsoever. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties / vendors or events that are beyond the Company’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the user, etc. 

 

LIMITATION OF LIABILITY

​

1. The Company shall not be liable to you for any loss of profit, anticipated savings, goodwill, reputation or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Policy.

2. The Company is not responsible for any actions or inactions of the other Users or any third parties that receive your Information on or off the Platform.

3. Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event and / or any third party. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, epidemic, pandemic or national/state lockdown due to any reason and any other similar events not within the control of the Company and which the Company is not able to overcome.

 

1. THE EXCHANGE OF PHOTOS AND ASSOCIATED DATA THROUGH THE PLATFORM IS PERFORMED ENTIRELY AT THE USER’S OWN RISK. THE PLATFORM FUNCTIONS SOLELY AS AN INTERMEDIARY, FACILITATING THIS PROCESS. ALL USERS ARE SOLELY RESPONSIBLE FOR THE PHOTOS THAT THEY UPLOAD, SHARE AND EXCHANGE ON THE PLATFORM. THE PLATFORM DOES NOT CLAIM OWNERSHIP OF THE PHOTOS EXCHANGED BETWEEN USERS. OWNERSHIP RIGHTS REMAIN WITH THE ORIGINAL UPLOADER. 

2. THE PLATFORM IS NOT RESPONSIBLE FOR ANY IMPERSONATION, UNAUTHORIZED USE OF PHOTOS, OR MISUSE OF CONTENT OR SHARING OF PHOTOS IN THIRD PARTY PLATFORMS BY OTHER USERS. USERS SHOULD EXERCISE CAUTION AND ONLY SHARE PHOTOS WITH TRUSTED RECIPIENTS. 

3. USERS ARE SOLELY RESPONSIBLE FOR OBTAINING THE EXPLICIT CONSENT OF ALL INDIVIDUALS WHOSE IDENTIFIABLE INFORMATION (E.G., FACES IN PHOTOS) IS SHARED OR PROCESSED USING THE PLATFORM.

4. THE PLATFORM/COMPANY WILL NOT BE LIABLE FOR ANY DISPUTES, CLAIMS, OR DAMAGES ARISING FROM A LACK OF CONSENT FROM OTHER INDIVIDUALS FEATURED IN THE PHOTOS.

5. THE PLATFORM FACILITATES LOCATING YOUR PHOTOS ON DEVICES BELONGING TO YOUR FRIENDS AND FAMILY. USERS ARE RESPONSIBLE FOR ENSURING THAT THEY HAVE THE NECESSARY PERMISSION TO ACCESS, PROCESS, OR RETRIEVE SUCH PHOTOS FROM THIRD-PARTY DEVICES. 

6. THE PLATFORM DOES NOT MONITOR OR VERIFY USER ACTIONS ON THIRD-PARTY DEVICES AND SHALL NOT BE HELD RESPONSIBLE FOR ANY UNAUTHORIZED OR IMPROPER USE OF PHOTOS OR DATA. THE PLATFORM IS COMMITTED TO SAFEGUARDING USERS’ PERSONAL DATA BUT IS NOT RESPONSIBLE FOR PRIVACY BREACHES RESULTING FROM USER ACTIONS, SUCH AS SHARING PHOTOS WITH OTHERS OUTSIDE THE PLATFORM.

7. USERS MUST COMPLY WITH ALL APPLICABLE LAWS, INCLUDING DATA PROTECTION LAWS, WHILE USING THE PLATFORM. ANY MISUSE OF THE PLATFORM IN VIOLATION OF SUCH LAWS IS THE SOLE RESPONSIBILITY OF THE USER.

8. WHILE WE AIM TO PROVIDE ACCURATE AND EFFICIENT SERVICES, THE PLATFORM IS OFFERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY OF MATCHES OR THE AUTHENTICITY OF USER-UPLOADED PHOTOS, THE AVAILABILITY OF THE SERVICE, OR THE UNINTERRUPTED OPERATION OF THE PLATFORM. THE COMPANY SHALL NOT BE LIABLE FINANCIALLY OR OTHERWISE FOR ANY MALFUNCTION OR MISMATCH OR ERRORS CAUSED BY OUR FACIAL RECOGNITION TECHNOLOGIES AND PROCESSES USED IN THE PLATFORM.

 

CHANGES TO THIS POLICY

​

This Policy describes the Company’s current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Platform. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Platform or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy. The Company may also request you to review the revised Policy and provide your consent again for further use and access of the Platform.

 

GOVERNING LAW AND JURISDICTION

​

1. This Privacy Policy shall be governed by, and construed in accordance with, the laws of India. Any disputes, claims, or controversies arising out of or in connection with this Privacy Policy shall be subject to the exclusive jurisdiction of the competent courts at Bangalore, India. In the event of any dispute arising out of this Policy, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, India.

2. For users located within the European Union, this Privacy Policy is intended to comply with the GDPR. Nothing in this clause shall limit your rights under the GDPR or any mandatory data protection laws applicable in your place of residence.

 

EU REPRESENTATIVE

​

Pursuant to Article 27 of the GDPR, as we are an entity established outside the European Economic Area, we have appointed an EU Representative to act as our point of contact in the European Union for supervisory authorities and Data Subjects in relation to all issues arising from processing of Personal Data under this Policy.

 

Our appointed EU Representative is:

 

Entity Name: Instant EU GDPR Representative Ltd

INSTANT EU GDPR REPRESENTATIVE LIMITED 

Office 2 12A Lower Main Street, Lucan Co. Dublin K78 X5P8 Ireland

Email: contact@gdprlocal.com

Telephone: + 353 15 549 700

 

Our appointed UK Representative is:

 

Entity Name: GDPRLocal Ltd.

Office 2 12A Lower Main Street, Lucan Co. Dublin K78 X5P8 Ireland

Email: contact@gdprlocal.com

Telephone: + 353 15 549 700

 

You may contact our EU / UK Representative on all matters related to the processing of your Personal Data under this Privacy Policy, in addition to or instead of contacting us directly.

 

DATA PROTECTION OFFICER

​

1. Pursuant to Article 37 of the GDPR, we have appointed a Data Protection Officer (DPO) to oversee our data protection strategy and ensure compliance with applicable data privacy laws.

2. Our DPO is responsible for: (a) Monitoring compliance with the GDPR and other applicable privacy laws; (b) Advising on data protection impact assessments (DPIAs) and risk mitigation strategies; (c) Serving as the primary point of contact for data subjects regarding their privacy rights; (d) Cooperating with supervisory authorities in the event of an inquiry or investigation; and (e) Providing guidance to internal teams on best practices for data protection.

3. If you have any questions, concerns, or requests related to how we handle your personal data, or if you wish to exercise your rights under the GDPR, you may contact our Data Protection Officer (DPO)

 

Name: Gurteshwar Singh

Email: gurteshwar.singh@billionhearts.co

Mailing Address: #2101, 2nd Floor, 16th B Main Road, HAL 2nd Stage, Indiranagar, Bengaluru 560008, India.

 

We will respond to your inquiry within the time period required by applicable laws.

 

***