Privacy Policy
Trendformer Limited ("We")
are committed to protecting your personal data and respecting your privacy.
INTRODUCTION
This Privacy Policy (together with our end-user license agreement
("EULA") and any additional terms of use
incorporated by reference into the EULA that form together our Terms of Use) applies to your use of:
- Pixio mobile application software ("App"), available on the App Store and Google Play Market, once you have downloaded a copy of the App onto your mobile or handheld device ("Device");
- Any of the services accessible through the App ("Services"), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.
This Privacy Policy sets out the basis on which any personal data we collect
from you, or that you provide to us, if it takes place, will be
processed by us. Please read the following carefully to understand our
practices regarding your personal data and how we will treat it.
This Privacy Policy does not apply to your use of our or our affiliates’
websites, where the relevant Privacy Policy and Cookies Policy are
applicable.
We offer users a number of activities, most of which are directed at
children under the age of 16 (for the purpose of the General Data Protection
Regulation). We assume that the activities proposed by our App will not
be handled by children under the age of 13. In any case, if such a situation
occurs, the provisions of the Children’s Online Privacy Protection Act shall
be respected as much as it seems to be possible for us.
The Children’s Online Privacy Protection Act (COPPA) requires us to inform
parents or legal guardians about how we collect, use, and disclose personal
information from children under the age of 13. The COPPA also requires that
we obtain the consent of parents or legal guardians before we allow
children under the age of 13 to use certain features of our Apps.
The General Data Protection Regulation (GDPR) requires us to inform
parents or legal guardians about how we collect, use, and disclose
personal information from children under the age of 16. The GDPR also
requires that we obtain the consent of parents or legal guardians before
we allow children to use certain features of our Apps.
We do not knowingly collect and store personal data directly from:
- US resident children under 13 years of age without parental consent, except as permitted under COPPA;
- EU resident children under 16 years of age without parental consent, except as permitted under EU applicable law.
We do not use our Apps or Services to knowingly solicit any data or
information from such users.
If we believe that we have collected and stored personal data from a
child (without the necessary parental consent or other legal basis to do
so), we will delete the personal data provided as soon as feasibly
possible. If you are aware that your child has provided us with personal
data not in accordance with the terms of this Privacy Policy, please
contact us at:
[email protected]
IMPORTANT INFORMATION AND WHO WE ARE
Trendformer Limited is the controller and is responsible for your
personal data (collectively referred to as "Company", "we", "us", or
"our" in this Privacy Policy).
If you have any questions about this Privacy Policy, please contact us
using the details set out below.
Contact details
- Full name of legal entity: Trendformer Limited
- E-mail address: [email protected]
- Postal address: 604, Tower A, New Trade Plaza, 6 On Ping Street, Shatin, N.T., Hong Kong
You have the right to make a complaint at any time to a competent
supervisory authority of an EU member state, the list of which you can
find at the following link
https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Changes to the Privacy Policy and your duty to inform us of changes
We keep our Privacy Policy under regular review.
This version was last updated on 22.07.2022. It may change and if it
does, these changes will be posted on this page and, where appropriate,
notified to you when you next start the App. The new Privacy Policy may be
displayed on the screen and you may be required to read and accept the
changes to continue your use of our App or Services.
It is important that the personal data we hold about you is accurate and
current. Please keep us informed if your personal data changes during
our relationship with you.
Third-party links
Our Apps don’t contain any third-party advertising banners, but they may
contain information about our other Apps, Services, or goods with links
to those Apps (either to Google Play, App Store, or Amazon).
Our Apps may contain external links to our pages on the App Store,
Google Play, Facebook, Instagram, YouTube channel, Twitter, or Amazon.
All external links such as our website, social media, and support e-mail
are secured behind a parental gate (for example, the App requires to
swipe two fingers in a specified direction).
THE DATA WE COLLECT ABOUT YOU
We understand the importance of our users' personal data and, more
importantly, the information pertaining to children under 16 (for the
purpose of GDPR) and 13 (for the purpose of COPPA) years of age.
We do not collect or require users to enter their personal information
when they use our Apps. Some data may be required in case the User
would like to have access to the full range of activities and options
offered in our App.
There are cases when we may collect some of your personal data, and only
if such cases arise, we collect it. This Privacy Policy describes all
cases, when we may collect your personal data and, consequently, which
data we collect in such cases and how we process it. Notwithstanding
anything to the contrary herein, we do not collect any personal data just
by the fact that this Privacy Policy describes the cases when personal
data may be collected or by the fact of your use of our App.
For example, we do not collect any personal data mentioned in the
"User Account Registration" below, if the
relevant App function is not available to the users or is not used by the user.
We may offer you some paid services or features within our Apps. In
all such cases, if they are available, you make payments for our offers
via services and features provided and supported by Apple and Google.
They directly process and collect your payment data according to your
agreement with them with respect to your usage of their respective
services and features. We do not collect any of your payment data and do
not authorize or instruct Apple or Google to collect and store such data
on our behalf or in our favor.
In some cases, our Apps provide you with the ability to indicate some
personal data of your child (e. g. name or full name and age) or to make a
photo. In each of such cases, we do not collect and store such data. This
information is recorded only on your devices, where our Apps have been
installed. This data will be irrevocably deleted upon uninstallation or
deleting our Apps from your device.
User Account Registration
Generally, we do not require users to create an account in order to be able
to use our Apps and Services, and, consequently, we do not collect any of your
personal data in such cases.
However, user account registration grants more functions and features
to the users of our App. All functions and features of our App that
require the creation of users' accounts, if they are available, are intended for
users over 13 years old provided that they have reached the
appropriate age that allows (a) to consent to the processing of
personal data in their country with prior approval of their parents or
legal guardians if required by the applicable law; and (b) to enter
independently into contracts in their own country, without prior approval
of their parents or legal guardians or with such approval if required by the
law.
By creating an account and using the Services and our Apps as a registered
user, if such functions are available in your country, you confirm that
you have reached the appropriate foregoing age requirements. If you do
not comply with such age requirements, do not create an account and do not
directly use our Services that require account registration.
If you are not sure about whether you can independently consent to the
processing of personal data, please contact your authorized personal
data protection authority in your country.
We may ask you to submit additional documents or to pass through
additional procedures to make sure that you are already 13 years old (or
more, as required by the laws of your country) if we have reasonable
doubts about your age. We may also contact your parents or legal
guardians to obtain consent or approval for the processing of your personal
data if you have not reached the appropriate age. For a
period of clarification or getting approval from your parents or
legal guardians, we may restrict the processing of data on you and
temporarily block your account.
If you create an account, we collect and store from you or from third
parties the following information:
- Identity Data: first name, last name, user name, or another identifier;
- Contact Data: e-mail address only;
- Device Data: mobile operating system;
- Profile Data: details of your use of any of our Apps, namely features and functions available to or activated by you to provide you with our Service and your ability to use our Apps.
HOW IS YOUR PERSONAL DATA COLLECTED?
If we offer a function to register an account and you use it, we will
collect and process the following data about you:
-
Information you give us. It is the information (including Identity and Contact Data) that you provide us about yourself by filling in forms on the App, by corresponding with us (for example, by e-mail or chat), or via third parties. It includes the information you provide when you register or create an account in our Apps, subscribe to any of our Services, make an in-App purchase, or report a problem with an App or our Services. If you contact us, we will keep a record of that correspondence regardless of whether you have registered the account or not.
- Information we collect about you and your device. Each time you use one of our Apps, we will automatically collect personal data, including Device and Profile Data.
- Location Data. We do not collect your Location Data regardless of whether you have a registered account or not.
-
Information we receive from other sources including third parties
and publicly available sources. We will receive personal data about you from some third parties as
set out below:
- Identity and Contact Data from Google and Apple. If you choose to create an account or log into an account via a third party such as Facebook or Google, we collect and store personal data and other information made available by that third party, such as your first name, last name, e-mail, user name, or another identifier. We may also collect technical information in order to ensure that our Apps connect correctly. The third parties are responsible for obtaining your consent before sharing such data with us.
You agree that we may collect and use technical data and related
information about your device and system which shall facilitate the
provision of Apps updates, technical support, and other related
services.
Information collected through or used by our Apps
Information used automatically by our Apps
Most of our Apps note Device Preferences and use these data to determine
your country, language preferences, and mobile operating system. Generally,
this information is not collected and stored by us, but our Apps need
this information to initialize the Apps and enable their proper work. This
information cannot be connected to a unique device, user, or other
identifier and is never shared with third parties.
When you use our Apps as a registered user, if it is available for you,
our Apps also collect your Identity Data to provide you with all functions,
features, and Services that you have previously activated, bought, or that
are available for you.
Information you provide through Apps
Child users and unregistered users do not have the ability to provide
any personal data when using the Apps beyond what has been collected or used
automatically (as noted above) and we do not collect or process any
personal data of such users.
When you save a photo or tag such a photo by your or your child's name and/or
age via our Apps, where available, such information is recorded and
stored on your devices and will be available for you upon your next usage of
our Apps. We do not collect, store, use or process such information in any
manner or way and for any purpose. In each of such cases, we only provide
our Apps for your ability to make and tag photos. You are able to
independently determine how this data will be used and processed. This
data will be deleted from your device automatically upon the Apps
uninstallation or deleting. At your sole discretion, you may delete this
data from your device at any time.
We do not collect any other information
When you download and use our Apps or Services, we do not require you to
provide any information and data about you or your device, except for
non-personal information that is necessary for the initialization and work of
our Apps.
We do not collect any other personal data, except as explained above. We
do not share such information with third parties.
We do not collect any Special Categories of Personal Data about you
(this includes details about your race or ethnicity, religious or
philosophical beliefs, sex life, sexual orientation, political opinions,
trade union membership, information about your health, genetic and
biometric data). Nor do we collect any information about criminal
convictions and offenses.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data, if we collect it as described above and
when the law allows us to do so. Most commonly we will use your personal
data in the following circumstances:
- Where we need to perform a contract that we are about to enter or have entered with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
- Where you have consented before the processing.
By registering an account and using our Apps or Services, you and
the Company conclude a contract for the provision of services or granting
a license, or you and the Company may conclude additional agreements when
you buy any features of functionality offered by the Company within
Apps. In order to provide you with services under such contracts, we
must collect and process certain data about you. For example, when you
buy some features in our Apps, you expect to use such purchases within
Apps on any device. We should collect information about you as a user
because without it we will not be able to provide you with such
features across multiple devices.
Legitimate interests mean the interest of our business in conducting
and managing our business to enable us to give you the best
service/product and the best and most secure experience. We make sure
we consider and balance any potential impact on you (both positive and
negative) and your rights before we process your personal data for our
legitimate interests. We do not use your personal data for activities
where our interests are overridden by the impact on you (unless we
have your consent or are otherwise required or permitted to by law).
You can obtain further information about how we assess our legitimate
interests against any potential impact on you in respect of specific
activities by contacting us.
We may process a user's data if it is required by the law that applies
to us. For example, we may provide data on users at the request of
courts or other authorized bodies or when collection and
identification are required by the legislation on financial monitoring
and prevention of money laundering or by other applicable laws.
We rely solely upon the user's consent when using personal user data
for the purpose of displaying targeted advertising, marketing, and
promotional mailing, or for other purposes for which a specific user's
consent must be granted.
DISCLOSURES OF YOUR PERSONAL DATA
Any personal data collected by us is used solely to provide you with the
Service or your ability to use our Apps, to improve our Apps and Service,
and we do not provide this information to any third party (beyond those
disclosed above), unless in order to comply with a legal obligation to
do so (e. g. court order) or in case the ownership of the information
changes due to a merger, acquisition or restructuring involving the
Company.
INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area
(EEA).
DATA RETENTION
We have to keep basic information about you (including Contact,
Identity, and Profile Data) for the time necessary to provide the requested
services plus 3 years after. The purpose of your personal data retention
shall be to fulfill a contract with you according to the GDPR Art. 6 (1) (b)
and duly provide the requested services.
In some circumstances, you can ask us to delete your data: see
"Your legal rights" below for further
information.
In some circumstances, we will anonymize your personal data (so that it
can no longer be associated with you) for research or statistical
purposes, in which case we may use this information indefinitely without
further notice to you.
YOUR LEGAL RIGHTS
In certain circumstances, you have the following rights under the data
protection laws in relation to your personal data.
Request access to your personal data (commonly
known as a "data subject access request"). This enables you to receive a
copy of the personal data we hold about you and to check that we are
lawfully processing it.
Request correction of the personal data that we
hold about you. This enables you to have any incomplete or inaccurate
data we hold about you corrected, though we may need to verify the
accuracy of the new data you provide to us.
Request erasure of your personal data. This
enables you to ask us to delete or remove personal data where there is
no good reason for us to continue to process it. You also have the right
to ask us to delete or remove your personal data where you have
successfully exercised your right to object to processing (see below),
where we may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law. Note,
however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if
applicable, at the time of your request.
Object to processing of your personal data
where we are relying on a legitimate interest (or those of a third
party) and there is something about your particular situation which
makes you want to object to processing on this ground as you feel it
impacts on your fundamental rights and freedoms. You also have the right
to object to processing your personal data for direct marketing purposes.
In some cases, we may demonstrate that we have compelling legitimate grounds
to process your information which override your rights and freedoms.
Request restriction of processing of your
personal data. This enables you to ask us to suspend the processing of
your personal data in the following scenarios:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims;
- if you have objected to our use of your data, but we need to verify whether we have overridden the legitimate grounds to use it.
Request transfer of your personal data to
you or to a third party. We will provide to you or a third party you
have chosen your personal data in a structured, commonly used,
machine-readable format. Note that this right only applies to automated
information which you initially provided consent for us to use or where
we used the information to perform a contract with you.
Withdraw consent at any time where we are
relying on consent to process your personal data. However, this will not
affect the lawfulness of any processing carried out before you withdraw
your consent. If you withdraw your consent, we may not be able to
provide certain products or services to you. We will advise you if this
is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your
personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at
[email protected].