Privacy Policy

 Last modified: February 2025

PLEASE READ THE FOLLOWING PRIVACY POLICY, FOR INFORMATION REGARDING THE WAYS YOUR PERSONAL DATA MAY BE PROCESSED, CAREFULLY. WHEN YOU USE THE APP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

I. INTRODUCTION

AIBY Inc. (“we,” “us” or “our”) takes your privacy seriously. This Privacy Policy (“Privacy Policy”) explains our data protection policy and describes the types of information we may process when you install and/or use “Plant Guru” software application for mobile devices (the “App”, “our App”).

When we refer to personal data (or personal information) we mean any information of any kind relating to a natural person who can be identified, directly or indirectly, in particular by reference to such data.

It is a natural person who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social status.

This Privacy Policy (except for Annex below - “U.S. Multistate Privacy Notice”) applies to all users of the App regardless of where they are located. The U.S. Multistate Privacy Notice included in the Annex to this Privacy Policy supplementary applies to those users who:a) are residents of U.S. states where corresponding U.S. State Privacy Laws were enacted; and
b) fall within the scope of the U.S. Multistate Privacy Notice applicability

II. INFORMATION WE PROCESS

There are several categories of information that can be processed. 

Functional Information 

We ask for and process the following personal information when you use the App. This information is necessary for the adequate performance of the contract between you and us. Without such information it is impossible to provide complete functionality of the App and perform the requested services.

• Activity Information directly related to your use of the App. After you set the relevant settings on your device we may have technical access to your camera or camera roll - to analyze the picture that you take or upload through the App. However, we cannot collect, store or use the data contained in your camera roll unless you upload such data to the App or otherwise share it. We may also have access to your geolocation data upon your consent in order to show more precise results corresponding to your search request.
• User Content (i. e. the photos or other images and text you send to the App, as well as any text, or other content generated by AI via the App as part of AI-based features). Subject to your compliance with certain rules and restrictions outlined in our [Terms of Use], you may dispose of, use, share, otherwise exploit your User Content for your own purposes. However, any use of User Content is at your sole risk, i. e. you assume and bear all risks and responsibility associated with your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using the User Content. Please note that we engage third party service providers, such as OpenAI, L.L.C. (for the purpose of providing you with the AI-assistant feature). Please check Section IV to learn more about the privacy policies and practices of Plant.id and OpenAI, L.L.C.
• Authorization Data. You may create an Account and register within the App by choosing the option Sign in with Apple / Facebook / Google and providing your email address. Having an Account will enable you to sign in to the App using your Apple ID, Facebook or Google account and sign out at any time. If you log out of your Account within the App, your history will be deleted from your device. You will be able to access your history when you log in to the same Account again. You can also choose to delete your Account within the App at any time, in this case all your data within the App will be lost and you will no longer be able to access such data. Bear in mind that if you have a valid subscription, deleting your Account within the App will not cancel it.

Note that all your User Content and Authorization Data are processed exclusively to the extent necessary to operate the App services and provide you with the App functionality. Only you can exercise full control over your User Content and Authorization Data, as well as over your Activity Information. If you choose to delete your Account within the App, you will no longer be able to access and/or restore all above listed categories of Functional Information that were previously available to you within the App. If you remove the App from your device but do not delete your Account within the App, we will continue to store the information associated with your Account for a certain period of time (see Section VI).

• Contact Information (name, e-mail address, as well as any other content included in the email), which you may fill in by yourself when you contact us via email, support form. We collect, store and process it by our cloud storage provider (Amazon.com, Inc.). We use such information to respond effectively to your inquiry, fulfill your requests, and send you communications that you request and perform the requested services.

Information That Is Processed Automatically 

On the basis of your permission we use third-party automatic data processing technologies (advertising or analytics tools) to analyze certain information sent by your device via our App (Identity For Advertisers). Some integrated advertising or analytics tools (check Section IV to see the list of them) launch automated processing of your personal data, including profiling, which means any form of automated processing of personal data used to evaluate certain personal aspects relating to you, in particular to analyze or predict aspects concerning your personal preferences, interests, behavior, location or movements (see the list of data described below). Processing information through automatic data processing technologies starts automatically once you allow our App to track your activity. You can withdraw your permission at any time - please check opt-out options in Section VIII below.

We may process some information about your device and your user behavior on the grounds of our legitimate interest. This information falls within categories of data described above in Subsection “Information That Is Processed Automatically”, it is generally non-personal, i.e. it does not, on its own, permit direct association with any specific individual, and we may access it only in aggregated form. We use this information for improving our App and giving our users the best experience. 

• Device Details. When you use a mobile device (tablet / phone / smartwatch) to access our App, some of the details about your device are reported, including “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device (but not your personality). Device identifier enables generalized reporting or personalized content and ads by the third parties.

What data can be processed:

• Information about the device itself: type of your device, type of operating system and its version, model and manufacturer, screen size, screen density, orientation, audio volume and battery, battery life, loading time, latency, framerate, device memory usage.
• Information about the internet connection: mobile carrier, network provider, network type, IP address, timestamp and duration of sessions, speed, browser. 
• Location-related information: IP address, the country code/ region/ state/ city associated with your SIM card or your device, language setting, time zone, neighboring commercial points of interest (eg. “coffee shop”).
• Other device identifiers: e.g. user identifiers (if they are set up by the App’s developer).

• Information about the applications. Name, API key (identifier for application), version, properties of our App can be reported for automated processing and analysis. Some services also record the list of applications and/or processes which are installed or run on your device.
• Cookies and similar technologies. When you use the App, cookies and similar technologies may be used (pixels, web beacons, scripts). A cookie is a text file containing small amounts of information which is downloaded to your device when you access the App. The text file is then sent back to the server each time you use the App. This enables us to operate the App more effectively. For example, we will know how many users access specific areas or features within our App and which links or ads they clicked on. We use this aggregated information to understand and optimize how our App is used, improve our marketing efforts, and provide content and features that are of interest to you. We may ask advertisers or other partners to serve ads or services to the App, which may use cookies or similar technologies.
• Log file information. Log file information is automatically reported each time you make a request to access the App. It can also be provided when the App is installed on your device. When you use our App, analytics tools automatically record certain log file information, including time and date when you start and stop using the App, and how you interact with the App.
• Ad-related information. The following data might be reported about the ads you can view: the date and time a particular ad is served; a record if that ad was “clicked” or if it was shown as a “conversion” event; what the ad offer is about; what type of ad it is (e.g., text, image, or video); which ad placement is involved (where the ad offer is displayed within the App); whether you respond to the ad. 
• In-app events. When you use our App, analytics tools automatically record your activity information (taps, scrolls, screens you visited in the App, tutorial steps, leveling up, payments, in-app purchases, custom events, progression events, method of limiting the processing of user data). 

Information provided automatically to advertising or analytics tools does not generally come to our control, therefore we cannot be responsible for processing such information. Please mind that some services are engaged in personal data profiling and may obtain information related to your personality and/or your device by using technologies that do not belong to our scope of responsibility. In case when your user ID is linked to your Facebook account, Facebook may use your device information in association with categorized data that were already recorded in its databases (eg. your age, gender or other demographic indication). We do not control, supervise or stand surety for how the third parties process your personal data that might be collected by their own means (not through our App). Any information request regarding the disclosure of your personal information should be directed to such third parties (see Section IV). 

Payment Information

Our e-commerce providers are responsible for billing, processing and charging for in-app purchases, handle your personal information and keep it absolutely safe and secure. This information is processed as part of the performance of the contract between you and us. We cannot access or use your credit or debit card information.

You may access the applicable “in-app” purchase rules and policies directly from the app stores.

Email communications newsletters

When you launch register within the App and provide your email information by choosing the option “Sign In with Apple / Facebook / Google” we may use such email information to send you communications (“newsletters”) regarding special subscription offers, new features and functionalities and other news related to the App on the grounds of our legitimate interest. To receive newsletters about the App, you may also leave information about your email address in the App Settings (if available) or we may request your email address in a separate popup window within the App (if available). Sending you newsletters will allow you to stay up to date and receive the latest news about our App, including about the best price offers. Note that when you provide your email information by using “Sign In with Apple” you may choose either to share your email or to keep your personal email address private and to hide it (“Hide my email” option, if available), in the latter case Apple will generate and provide us with a unique, random email address that automatically forwards to your personal inbox. You also hereby acknowledge and accept the treatment of some categories of your personal data (i. e. the information about your name that you provide us, date of registration within the App, subscription purchase date, geolocation data, activity information, etc.) for market analysis activities, particularly for the purpose of delivering you targeted newsletters that most align with your needs and interests. The information about your email address that we have received may be transferred to the email marketing tool for the purposes of optimization and automation of the email delivery process (please check Section IV to learn more about the tool’s privacy policies and practices). You may also opt-out of receiving communications to your email address at any time by using the resignation link provided in each email you receive from us. Your unsubscribe request shall be honored within a reasonable period of time. 

III. THE PURPOSES OF PROCESSING YOUR PERSONAL DATA

Our mission is to constantly improve our App and provide you with new experiences. As part of this mission, we use your information for the following purposes:

(a) To make our service available. We use functional information and information that is processed automatically to provide you with all requested services.

(b) To improve, test and monitor the effectiveness of our App. We use the information that is processed automatically to better understand user behavior and trends, detect potential outages and technical issues, to operate, protect, improve, and optimize our App.

(c) To provide you with interest-based (behavioral) advertising or other targeted content. We may use the information that is processed automatically for marketing purposes (to show ads that may be of interest to you based on your preferences). We provide personalized content and information to you, which can include online ads or other forms of marketing.

(d) To communicate with you. We use the information we have to communicate with you through newsletters, i.e. to send you marketing notifications, receive your feedback about our App experience, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

(e) To prevent fraud and spam, to enforce the law. We really want our App to be free of spam and fraudulent content so that you feel safe and free. We may use your information to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, protect our trademarks and enforce our Terms of Use.

If any new purposes for processing your personal data arise we will let you know we start to process information on that other purpose by introducing the corresponding changes to this Privacy Policy.

IV. SHARING OF YOUR INFORMATION

We will share your information with third parties only in the ways that are described in this Privacy Policy. We adhere to the U.S. Digital Advertising Alliance’s Self-Regulatory Principles for the Mobile Environment.

Please note that while we partner solely with third parties that gave us assurance of application of necessary technical and organizational measures to protect your personal data, we cannot guarantee the security of any information transmitted from the App directly to any such third party. We are not responsible for any accidental loss or unauthorized access to your personal data through a fault of third parties.

We will not rent or sell your personal data to any third parties, but we may share your information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that provide automatic data processing technologies for the App. We do not control or influence these third parties’ tracking technologies or how they may be used.

We may also share certain information such as cookie data with third-party advertising partners. This information allows third-party ad networks, inter alia, to deliver targeted advertisements that they believe will be of most interest to you.

We may engage the following third-party service providers in order to provide us with necessary infrastructure for delivery and improvement of our services:

In case you want to learn more about these services and their privacy options (including opt-out) please consult the correspondent websites and privacy policies. We are not responsible for any usage of your personal data by the abovementioned third parties in violation of our instructions.

Our App may contain links to third-party websites / services or you may access the App from a third-party site. We are not responsible for the privacy practices of these third-party sites or services linked to or from our App, including the information or content contained within them.

YouTube Data API Service as well as the IFrame Player API are used in order to add certain YouTube content and features to the App. This implies, in particular, that certain audiovisual and other YouTube Content is available for viewing via the App. By using our App you automatically agree to be bound by the YouTube Terms of Service, available at: https://www.youtube.com/t/terms. As our App integrates some YouTube API Services, we may share your information with Google. For more details about the categories of information that may be collected and used by Google, as well as about the legal grounds for such collection and use, check Google Privacy Policy, available at: https://policies.google.com/privacy. For further clarifications on how Google can use information shared by your device when you use our App and how you can manage such information, please visit this link: https://policies.google.com/technologies/partner-sites?hl=en.

We may disclose your personal information if it is needed for objective reasons, due to the public interest or in other unforeseen circumstances: 

- as required by law;

- when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

- if we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice in our App of any change in ownership or your personal information usage, as well as any choices you may have regarding your personal information.

1. INTERNATIONAL DATA TRANSFERS

We work in the cross-border area and provide our App to our Users around the world.

We and third-party organizations that provide automatic data processing technologies for the App or our third-party advertising partners may transfer the automatically processed information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

If you are located in the European Union or other regions with laws governing data processing that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as in your jurisdiction.

This means that your personal information can be transferred to a third country, a territory or one or more specified sectors within that third country, or to the international organization where data protection and confidentiality regulations may not provide the same level of protection of a personal data as your country does.

We try to make sure that the recipient of any personal data provides a proper protection of the personal data received, in accordance with the current legislation on the protection of such information. By using the App, you agree that we may transfer your personal data to any third country, a territory or one or more specified sectors within that third country, or to the international organization.

For the purposes of data storage, we recourse to the services of the hosting organizations. We take your privacy seriously and, therefore, encrypt your personal data - if possible - before sending it to the hosting organizations for the purposes of its storage. Please note that we cooperate only with those hosting organizations that have passed our security and reliability check.

1. HOW LONG WE USE YOUR PERSONAL DATA

We generally retain your personal information for as long as is necessary for performing the functional service of the App and to comply with our legal obligations. If you no longer want us to use your information that we physically access and store, you can request that we erase your personal information and close your account.

However, some data may still be stored for a certain time period (but no longer than the storage purpose requires) if information is necessary to comply with legal obligation (taxation, accounting, audit) or in order to maintain safety and data backup settings, prevent fraud or other malicious acts.

VII. USER PRIVACY RIGHTS

Applicable data protection laws give you the following rights regarding your personal information:

• The Right to Know (also referred to as the Right to Access). You have the right to obtain a confirmation as to whether or not personal data concerning you is being processed. Additionally, you can request a copy of personal data we hold about you and additional details on how such data is processed. 
• The Right to Data Portability. You are entitled to request your personal information in a portable, structured and machine-readible format that makes it easier to reuse such information or transfer it directly to another service, move it wherever you want.
• The Right to Correct Inaccuracies (also referred to as the Right to Rectification). Where you cannot update your data by yourself through your account (if available) or the App settings, you can ask us to correct, change, complete or rectify your data.
• The Right to Data Deletion (also referred to as the Right to Erasure or the Right to Be Forgotten). You have the right to request the deletion of all or some pieces of your personal data we process. In this regard you should bear in mind that applicable data protection laws may provide exceptions to the Right to Data Deletion, which means that under certain circumstances we may need to keep some pieces of your data to comply with legal obligations, detect fraud, exercising or defence of legal claims, for other legal reasons. Therefore, upon receiving your verified request, we’ll delete your personal data and direct our service providers to do the same unless a legal exception applies.
• The Right to Restriction of Processing. Under certain circumstances, you may have the right to limit the ways in which your personal information is processed. These specific circumstances are addressed in data protection laws that may apply to you. For example, you can ask for restriction of data processing in the case of disputed accuracy: if you believe that the personal data we hold about you is inaccurate, you can request a restriction of processing while we verify its accuracy.
• The Right to Object to Processing of Personal Data. When your personal information is processed automatically with the involvement of third party service providers, you may object to such processing in some circumstances. Additionally, when your personal information is processed for direct marketing purposes, you may ask to cease processing your data for these direct marketing purposes. In order to exercise your right to object please submit us the corresponding request. You may also contact the third party service providers listed in the Section IV of this Privacy Policy to learn how you can object to their processing of your data. Most of them have clear instructions on their privacy pages, functional API or other options.

To exercise any of the rights described above, you can contact us through [contact form]. Please bear in mind that we ensure the above mentioned rights only with respect to the information that we physically access and store.

You also have the right to lodge a complaint with your local data protection or a supervisory authority if you reasonably believe that your rights under applicable data protection laws have been breached. Please note that when you exercise your right to lodge a complaint with your local data protection or a supervisory authority, you may be required to provide additional information and support your complaint with sufficient objective evidence. By lodging a complaint you agree to provide sufficient explanation as to what you believe impaired your rights. Additionally, in some cases prior to lodging a complaint with your local data protection or a supervisory authority, you may be required to send your initial claim directly to us and ask for clarifications if necessary.

If you are located in the European Union, you may address our representative when you have questions on privacy issues: Konrad Gutowski, [email protected].

VIII. HOW TO OPT OUT

Opt-out of marketing tracking

You can manage your activity tracking permissions. Inter alia, if you do not want third-party service providers to use the personalized ads on the basis of your interests please follow the instructions below:

• For iOS devices: Go go to Settings > Privacy > Tracking, then tap to turn off or turn on permission to track for a specific app.

You can also control whether apps can ask for permission to track your activity. If you don’t want to be asked for your permission, or do not want apps to access your device’s Advertising Identifier, go to Settings > Privacy > Tracking and then disable the “Allow Apps to Request to Track” switch. If you turn off "Allow Apps to Request to Track", you won't get prompts from apps that want to track your activity. Each app that asks for permission to track while this setting is turned off will be treated as if you tapped “Ask App Not to Track”.

Please find additional information here: https://support.apple.com/en-us/HT212025 or in the Settings > Privacy > Tracking section on your device. 

If you want to disable Apple’s ad targeting, go to Settings > Privacy > Apple Advertising, then set the “Personalized Ads” switch to the “off” position. Please find additional information here: https://support.apple.com/en-us/HT202074

Advertising Industry Opt-out Tools 

You may also limit the collection of cross-app data for interest-based ads and exercise your right to opt out using the following Advertising Industry Opt Out Tools:

• Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices; 
• Digital Advertising Alliance for Websites: https://optout.aboutads.info;
• European Interactive Digital Advertising Alliance (EDAA) https://youronlinechoices.eu/; 
• Network Advertising Initiative: https://optout.networkadvertising.org/.

Please mind that when you opt out of certain interest based advertising, you may still continue to receive contextual ads based on other non-personal information, such as ads related to the content of other digital products you are using.

Opt-out of Location Data Processing

If you do not want third-party service providers to use your precise location data, or street-level location information about you please follow the instructions below:

• iOS 16 or later For iOS devices: turn Location Services off for the applicable Product via the menu “Settings > Privacy > Location Services”. Then select the applicable App and set the “Share My Location” status to “Never”. Please see additional information here: https://support.apple.com/en-us/HT203033.

1. SECURITY

The security of your personal information is highly important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

We take reasonable and appropriate measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the personal information.

We implement appropriate technical and organizational measures, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the processing. We seek your personal data to be encrypted with proper and strong encryption algorithms, including hashing where possible.

Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We do our best to protect your personal data, nevertheless, we cannot guarantee its absolute security. In the event that your personal information is compromised as a breach of security, we will promptly notify you in compliance with applicable law.

If you have any questions about the security of our App, you can contact us through the email or contact form displayed below. 

1. CHILDREN’S PRIVACY

Our App is not intended for children. Therefore, we do not knowingly collect or solicit any personal information from children. For the purposes of this Section X the terms “child” and/or “children” in the context of data processing activities may be interpreted on a case-by-case basis as prescribed by applicable data protection laws.No one who is considered a “child” under applicable data protection laws is allowed to directly provide any personal information to the App. As a general rule we consider a person under the age of 16 to be regarded as a “child” until we have legal grounds to conclude that a person under 16 should be treated as an adult as per provisions of local data protection rules or based on the parent authorization provided to us directly. Solely the holders of parental responsibility are liable for preventing their children from providing personal information via the App without relevant verifiable parental consent.If we learn that we have collected personal information from a child without verification of parental consent, we will erase that information as quickly as possible. If you reasonably believe that we might have any information from or about a child or a child has directly provided us with personal information via the App without verifiable parental consent, please contact us. 

1. CHANGES TO THE PRIVACY POLICY

This Privacy Policy policy is updated regularly.

Whenever we change this Privacy Policy, we will post those changes to this Privacy Policy and other places that we consider appropriate. Additional forms of notice of modifications or updates as appropriate under the circumstances may be provided to you.

XII. HOW TO CONTACT US

If you have any questions about this Privacy Policy, please feel free to contact us via [support form].

Copyright © 2023-2025 AIBY Inc. 

Annex to Privacy Policy

U.S. Multistate Privacy Notice 

INTRODUCTION. THE SCOPE OF APPLICATION

This U.S. Multistate Privacy Notice (“Notice”) supplements the information contained in Privacy Policy and may apply to individual residents of the U.S. states (“Covered U.S. Individual Residents”) that have enacted comprehensive data privacy laws including but not limited to California Consumer Privacy Act of 2018 (CCPA) as amended by California Privacy Rights Act of 2020 (CPRA), Texas Data Privacy and Security Act of 2023 (TDPSA), Virginia Consumer Data Protection Act of 2021 (VCDPA), Colorado Privacy Act of 2021 (CPA), Connecticut Data Privacy Act of 2022 (CTDPA) and others (collectively referred to as “U.S. State Privacy Laws” and separately as “U.S. State Privacy Law”). Notice addresses specific requirements common to U.S. State Privacy Laws and outlines additional information on the rights of Covered U.S. Individual Residents. It also describes how we collect, use, disclose and protect your personal information in compliance with these U.S. State Privacy Laws.

Applicability. Please note that if you are a user of our App and a resident of one of the U.S. states where the corresponding U.S. State Privacy Law was enacted, you’ll be regarded a Covered U.S. Individual Resident and this Notice shall apply to you only if the processing of your personal data in connection with your use of the App falls within the scope of such U.S. State Privacy Law. Please refer to the corresponding U.S. State Privacy Law for further details. If you are still unsure whether this Notice is applicable to you, please do not hesitate to contact us and we will spare no effort to assist you. 

The correlation between Privacy Policy and Notice. This Notice does not replace and cannot be used interchangeably with Privacy Policy. On the contrary, Notice serves as a supplemental part of Privacy Policy for Covered U.S. Individual Residents. 

The concept of personal data under U.S. State Privacy Laws. Applying Notice, you should also bear in mind that it pertains only to the processing of personal data which is understood as information linked or reasonably linkable to an identified or identifiable individual. Generally U.S. State Privacy Laws do not apply to the processing of de-identified, aggregated data or publicly available information, as these categories fall outside the scope of personal data.

THE CATEGORIES OF PERSONAL DATA PROCESSED. PURPOSES OF PROCESSING 

Detailed information about the categories of personal data that may be processed when you use the App is contained in Section II of Privacy Policy >> II. INFORMATION WE PROCESS

To learn about the purposes of personal data processing please review Section III of Privacy Policy >>III. THE PURPOSES OF PROCESSING YOUR PERSONAL DATA

SHARING OF PERSONAL INFORMATION WITH SERVICE PROVIDERS (PROCESSORS). CLARIFICATIONS ON ISSUES OF DATA SELLING 

U.S. State Privacy Laws require us to provide you with information about who we share your personal data with and for what purposes. You can find comprehensive data in this regard in Section IV of Privacy Policy >> IV. SHARING OF YOUR INFORMATION. The legal entities indicated in Section IV of our Privacy Policy act as our “service providers” or “processors” within the meaning of U.S. State Privacy Laws and process your information on our behalf for business purposes. The examples of business purposes are the following: auditing related to current interaction with users, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions; providing customer service, advertising, marketing, analytic services; detecting security incidents; debugging; provision of App services to users; improving, enhancing, upgrading the App functionality. Please refer to the table in Section IV of our Privacy Policy to learn what specific services the processors/service providers perform for the App. When we use the services of our processors/service providers and disclose your information for business purposes, we enter into corresponding written contracts with them. These contracts incorporate data processing provisions, parts, sections or annexes that require our processors/service providers not to use personal information transferred by us other than for the purpose of performing the services specified in the contracts. Additionally, the contracts with our processors/service providers specifically prohibit them from and/or do not contain permissions for selling the personal information transferred by us.

We do not “sell” you personal information for monetary gain, which means that we do not and will not disclose your personal information to third parties in direct exchange for money or some other form of payment. However, certain U.S. State Privacy Laws provide expansive definition of the term “sell”, which leads to cases where some disclosures of personal information to a third party even for non-monetary benefit of the disclosing party (“valuable consideration”) may qualify as data selling. In particular, sharing of personal information with third parties for the purposes of “interest-based advertising”/ “cross-context behavioral advertising” may constitute a sale under broad definition and interpretation of this and similar terms (“sell”/”selling”/”sold”) according to some U.S. State Privacy Laws. Even if such kind of data sharing qualifies as sale under U.S. State Privacy Law applicable to you, you’ll always have an option to opt out (see the subsection [Instructions on Online Tracking Opt Out] below for more details on available opt out mechanisms). 

PRIVACY RIGHTS 

If you are a Covered U.S. Individual Resident and this Notice applies to you, you’ll be able to exercise all user privacy rights specified in Section VII of Privacy Policy >>VII. USER PRIVACY RIGHTS, particularly:

• the Right to Know (also referred to as the Right to Access);
• the Right to Data Portability;
• the Right to Correct Inaccuracies (also referred to as the Right to Rectification);
• the Right to Data Deletion (also referred to as the Right to Erasure or the Right to Be Forgotten);
• the Right to Restriction of Processing;
• the Right to Object to Processing of Personal Data.

User privacy rights listed above have similar content and exceptions in different jurisdictions. Their general meaning is addressed in Section VII of Privacy Policy. However, some minor aspects related to these rights may vary slightly from one jurisdiction/state to another, therefore, you may want to consider these differences when submitting your user privacy request. 

Besides the rights referred to above, U.S. State Privacy Laws specifically mention the following additional data privacy rights you have: 

The Right to Opt Out of the processing of the personal data for purposes of (a) targeted advertising, sometimes also referred to as “cross-contextual behavioral advertising” or “interest-based advertising”; (b) the “sale” or “sharing” of your personal data; (c) profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning you. The specified Right to Opt Outis exercised with due regard to the context of our interaction with you as with the user of our App and accompanying data processing activities. To learn the details on how you can exercise your Right to Opt Out, please refer to the subsection [Instructions on Online Tracking Opt Out] below.

The Right to Non-Discrimination. This right means that you will not receive discriminatory treatment for exercising your privacy right(s). Inter alia, we will not deny you the App services, charge different prices or rates, or provide a different level or quality of services for you if you choose to exercise your user privacy right(s).

The Right to Appeal. If we deny and refuse to take an action on your initial user privacy request, you may have the right to appeal that decision under some U.S. State Privacy Laws. See the subsection [How to Appeal Initial Decision Regarding Privacy Request] below for more details.

HOW TO EXERCISE YOUR PRIVACY RIGHTS 

Depending on the specific user privacy right you choose to exercise, different methods may be available to you. 

In particular, when appropriate technical capabilities are accessible to you within the App and/or in your device settings, some rights (e.g. the Right to Correct Inaccuracies, the Right to Data Deletion, the Right to Opt Out) can be exercised by you independently without our assistance and the need to submit us the corresponding request. For instance, in certain circumstances the App may provide you with a possibility to change, update, correct inaccuracies or delete certain pieces of your personal data via your App account settings.

Instructions on Online Tracking Opt Out. 

Further, there are a number of ways you can exercise the Right to Opt Out of data processing for the purposes of activities that under U.S. State Privacy Laws may qualify as targeted advertising; “sale” (under broad interpretation) or “sharing” of personal data; profiling. Follow the instructions below to stop online tracking activities across third party apps and websites and sharing your data with third parties for personalized ads.

Blocking Advertising ID use in your mobile device settings. Your mobile device settings enable you to make choices about the collection, use or transfer of your Advertising ID to third parties for the purposes of targeted advertising and/or ad measurement. To manage your activity tracking permissions and the use of your Advertising ID, please follow the relevant instructions in Section VIII of our Privacy Policy >>VIII. HOW TO OPT OUT. 

Advertising Industry Opt Out Tools.Even if you block the access to and use of your Advertising ID, you might still see personalized ads from other companies and ad networks. You have an opportunity to send your opt out request to some of such other companies and ad networks who participate in self-regulatory programs using special Advertising Industry Opt Out Tools. See Section VIII of our Privacy Policy to know which Advertising Industry Opt Out Tools you may choose to use >>VIII. HOW TO OPT OUT.

Ad and Analytics Platforms Opt Out Mechanisms. Some third party ad platforms and analytics service providers have their own privacy management tools that allow you opt out and/or make your privacy choices directly. Here there are some examples:

• Google My Ad Center
• “About Facebook Ads” page 
• AppsFlyer Opt Out page 

Therefore, we recommend you to check the privacy options of our service providers (processors) regularly. The up to date list of our service providers (processors) is presented in Section IV of Privacy Policy >> IV. SHARING OF YOUR INFORMATION. 

Submission of a user privacy request to exercise privacy right(s)

To exercise any user privacy right that cannot be managed by you independently, please contact us anytime through our [contact form] with the corresponding privacy request. When submitting your request, please include in its text the phrase “Exercising my rights to maintain confidentiality in … State”, replacing '...' with the name of the state of your residence. We will make every effort to satisfy any request you make to exercise any of your privacy rights.

AUTHENTICATION OF USER PRIVACY REQUESTS. INSTRUCTIONS ON HOW TO APPEAL OUR INITIAL DECISION REGARDING YOUR PRIVACY REQUEST

When you submit any user privacy request via our [contact form] in order to exercise your privacy right(s), the relevant procedure of request authentication shall be put in place. The details and rules for such authentication procedure are provided below.

We shall comply with your user privacy request only if we are able to authenticate you as the user of our App and as a Covered U.S. Individual Resident. Therefore, when submitting a verifiable user privacy request, you should be ready to: 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or such person’s authorized agent, which (depending on the circumstances) may include: name, address, city, state, zip code and email address. We may use this information to surface a series of security questions to you to verify your identity. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide written authorization confirming his/her authority to represent your interests or a power of attorney, signed by you. 
• Describe your privacy request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We will not be able to respond to your privacy request or provide you with personal information if we cannot: (i) verify your identity or authority to make the request; or (ii) confirm that the personal information relates to you. We may ask you for additional information or documents to verify your identity before taking any action with your privacy request. This is regarded as a safeguard measure to prevent disclosure of your personal information under a fake or scam request.

We ensure that personal information provided in a verifiable user privacy request will be used only to verify the requestor’s identity or authority to make the request and not for any other purpose. We will keep it for the adequate term reasonably needed for the purpose described above and delete after the purpose is fulfilled.

We try to respond to a verifiable user privacy request within forty-five (45) days of its receipt. If we require more time and it is reasonably necessary, we may extend the response period. In this case we will inform you of the reason and the applicable extension period in writing. 

How to Appeal Initial Decision Regarding Privacy Request.

In cases when we have a reasonable basis, we may choose to decline to take an action regarding the user privacy request. For example, this may happen when we are unable to authenticate a request, or when the request is manifestly unfounded or fraudulent. In this particular case we’ll inform you of the justification for declining to take action within a reasonable period of time after receiving your initial request. 

If we decline to take action with respect to your initial request, you may be entitled to appeal our decision under some U.S. State Privacy Laws. To do so, you will need to provide us with the missing information and explanations reasonably necessary to address your request effectively. Within the term prescribed by the applicable U.S. State Privacy Law we’ll inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for our decision. 

CHANGES TO THIS NOTICE. FINAL PROVISIONS 

We may update this Notice from time to time. To stay informed of updates, please review the latest published version of Notice regularly. 

If you reasonably believe that certain U.S. State Privacy Law provides you with additional rights or options not outlined or referred to in this Notice, please contact us through our [contact form]. We will do our best to address all your concerns and reply to your request effectively.

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