Your data is safe with us.
It is important for us to ensure that personal data is kept safe and used legitimately. This policy sets out how we use and protect any personal data that you give us or that we collect when you use our app.
This policy does not deal with how others might use and handle your data, and we recommend that you read their privacy policies to find out how they will use your data and keep it safe. This includes operators of apps and websites to which our app might include links.
We may change this policy from time to time by updating this policy and we will let you know when we do so.
1. WHO WE ARE
We are FortuneFish Limited ("FortuneFish", "we", "us") and we operate the Websites “www.fortunefish.co.uk”, “www.fashionar.com” and Applications including “Fashion AR”. Collectively these Websites and our Applications are known as our “Services”. We are a company registered in England and Wales and can be contacted at:
Address: 4 Experian Way, NG2 Business Park, Nottingham, NG21EP
As the operators of the Services, under data protection law we are considered the "controller" of personal data processed by these Services and are therefore responsible for this data. We are required to comply with data protection law.
If you have any questions about this policy or more generally about how we use and protect your data please do not hesitate to contact us at email@example.com
2. WHAT INFORMATION DO WE COLLECT
We collect and use ("process") your personal data when you use our Services, including when you create a profile, use our discussion forums, contact us to give us feedback or report problems and when you upload photos. We also process your personal data which others may choose to provide to us, for example, if they refer to you in our discussion forums, when they contact us or when they upload photos which include you.
More specifically we may process the following personal data:
2.1 Information you give. This includes:
2.2 Information we collect about you. We may also collect the information about you when you use our Services, communicate with us or interact with communications that we send you including information about:
2.3 Information provided to us by or collected from third parties. The information mentioned above may be provided to us by other users of our Services. We may also receive the following from the app store platform from where you download our Applications:
3. WHAT DO WE DO WITH THE PERSONAL DATA
We use your personal data in the different ways set out below. The second column identifies the legal basis we rely on to use your personal data in this manner and this is relevant when you exercise your data protection rights described in section 9 (please contact us if you would like more information about this).
Providing our Services and their various features such as the discussion forums, including maintaining the proper functioning of the Services, maintaining its integrity and security, and fixing any bugs or other problems with them.
In cases where you are not a user of our Services and therefore we do not have a contract with you, we have a legitimate interest in providing our Services and their features.
When you upload sensitive information (i.e. religious, philosophical and political beliefs or opinions, or information about your health, sexuality, racial or ethnic origins) we assume that by uploading this content you intend to make it public. You may however delete this information at any time unless it becomes relevant to a legal claim or criminal investigation.
Where a user uploads sensitive information relating to others, the user must obtain explicit consent from the individual to whom the information relates. If we discover that consent has not been obtained we may remove and/or delete the relevant information. If the individual has given consent they can withdraw their consent at any time by emailing us on firstname.lastname@example.org and we will remove the content to which their consent relates.
Responding to your queries and addressing issues which you inform us of or which we discover.
In other cases, we have a legitimate interest to ensure that users have a positive experience when using our Services. Users of our Services may also have this legitimate interest.
Processing payments for in-app purchases.
This is necessary for us to perform our contract with you.
In cases where you are not a user of our Services and therefore we do not have a contract with you, we have a legitimate interest to obtain payment for purchases made by the user who provides us with your payment details.
Enforcing the Community Guidelines for our Services and ensuring that users do not use our Services for purposes which we consider inappropriate. We may (but are not obliged to) monitor and screen your use of our Services and the content you upload, as well as remove and/or delete any of your content.
We have a legitimate interest to ensure that our Services are used in an appropriate manner. Users of our Services may also have this legitimate interest.
Providing you with a good user experience which is tailored to you, including by recognising you when you return to our Services, remembering your preferences and personalising the content of the Services according to your interests.
We have a legitimate interest to ensure that users have a positive experience when using our Services. Users of our Services may also have this legitimate interest.
Effectively and efficiently promoting our business, our products and our services (including our Applications) and tailoring our marketing material. This includes organising competitions and publishing the results of these competitions as well as sharing photos which you upload to our Services on the internet e.g. on our website and social media pages.
We have a legitimate interest in promoting our business, products and services in an effective manner including by providing marketing information which is relevant to those who receive it and measuring the performance of our marketing campaigns.
Marketing products and services of third parties in a manner that is tailored to your profile.
We have a legitimate interest in selling advertising space within our Services for the purpose of funding our operations.
Developing and improving our business, our products and our services (including our Services). This includes carrying out product-related research, market research and training our staff and/or contractors.
We have a legitimate interest to develop and improve our business, products and services.
Effectively and efficiently running our business and assets, in an organised manner. This includes keeping accurate records and being audited.
We have a legitimate interest in operating our business and assets in an effective and efficient manner.
We have a legitimate interest to protect and enforce our rights and interests.
Potentially selling (or considering the sale of) our business or assets including our Services.
We have a legitimate interest in operating our business and assets in a profitable manner.
Potentially obtaining (or applying for) financing for our business or assets.
We have a legitimate interest in obtaining financing for our business and assets.
Preventing and assisting in the detection and prosecution of crimes and unlawful activity.
We have a legitimate interest in preventing and assisting in the detection and prosecution of crimes and unlawful activity. Law enforcement authorities and potential victims also have this legitimate interest.
Protecting the rights and promoting the safety, security and wellbeing of users of our Services and others who may be affected by it. This includes ensuring that users are of appropriate age and ensuring that others who may be included in images or otherwise referred to on our Services are treated fairly and lawfully.
We have a legitimate interest in protecting users and others who may be affected by our Services.
In some cases we may have a legal obligation to do so.
Complying (and being able to demonstrate compliance) with legal and regulatory requirements as well as instructions and requests we may receive from competent authorities such as the courts and law enforcement authorities. This includes for example keeping records of requests you make to exercise your data protection rights.
We may need to process your personal data to comply with our legal obligations.
In other cases, we have a legitimate interest to comply with legal and regulatory requirements and to cooperate with competent authorities. Individuals who are protected by these requirements or authorities also have this legitimate interest.
Where the legal basis refers to us performing our contract with you, we would not be able to provide you with access to our Services if we did not process your data for the relevant purpose and therefore providing this data to us is required for our contract with you. You cannot object to this processing. You also cannot object to processing of your data where it is necessary for us to comply with a legal obligation.
Where according to the table above we rely on our legitimate interests to process your personal data we have considered if this processing is necessary and we consider that it is reasonable for us to process your personal data for the relevant purposes. This is because it can be reasonably expected that we will process personal data in this way, even by a young audience and we process personal data of a type and in a manner that does not pose significant risk to individuals' privacy rights.
We will only process your data so far as is necessary to achieve these purposes.
You can object to the processing of personal data on the basis of legitimate interests although there are limitations which apply to this right (see section 9 for more information).
4. CHILDREN AND OTHERS WHOSE DATA IS PROVIDED TO US BY USERS
If we discover that an individual's data has been provided to us by a user without bringing this policy to their attention we will delete the relevant personal data which means that we may delete the photos uploaded by the user.
We do not accept responsibility for processing personal data provided to us by users of individuals who are not informed about such processing by the user.
Users should be aware that they may also be considered "controllers" of data of others which they provide to us and would therefore be responsible for complying with the various requirements of data protection law.
5. WHO ELSE MAY SEE YOUR DATA
We may share your information, only to the extent that such sharing is necessary for achieving the purposes listed in section 3 above with:
6. WHERE WE STORE YOUR PERSONAL DATA
Your personal data may be transferred outside the European Economic Area for us to achieve the purposes set out in section 3 above. We will only transfer your data to carefully selected third parties who we trust to keep your data safe and only (i) if they are in a jurisdiction which offers a level of protection of personal data which is considered to be adequate by the competent authorities; or (ii) after we enter into standard contractual arrangements which are approved by the competent authorities and which are aimed to ensure the protection of your personal data and your data protection rights.
7. DATA SECURITY
Data security is of the utmost importance to us and we are committed to ensuring information we collect from you is secure. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and operational procedures to safeguard and secure the information we collect through our Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8. HOW LONG WE KEEP YOUR DATA FOR
We will only retain personal data for as long as is required for the purpose for which we collected it.
Different retention periods apply to different items of information and this depends on things such as the type of personal data, the reasons why it is processed, as well as legal obligations and business needs to keep the data. As an example, users can generally delete the personal data which they upload onto our Services at any time but if the data is needed for investigating a crime or advancing a legal claim the data will be kept until it is no longer needed for that purpose.
If you would like more information about the specific retention periods please contact our Data Manager using the contact details provided in section 1.
Once the relevant retention period expires, the data and all copies of it will be deleted or physically destroyed, safely and securely.
9. YOUR RIGHTS
You have a number of rights under data protection law. A description of these is included in the table below.
If you would like more information about your rights or would like to exercise your rights please contact us at email@example.com. We will respond to any queries and requests as soon as we can. When you exercise your rights we will try our best to respond to you within one month although we have a right to extend this period by a further two months in some cases (where permitted by law).
A right to access the personal data we hold about you.
A right to require us to rectify any inaccurate personal data we hold about you.
A right to require us to erase personal data we hold about you. This right only applies in certain cases where, for example, we no longer need to use the personal data to achieve the purpose we collected it for; where you withdraw your consent if we are using your personal data based on your consent; or where you successfully object to the way we process your data (refer to the right to object below).
Restriction of processing
A right to restrict our processing of your personal data. This right only applies where, for example, you dispute the accuracy of the personal data held by us; where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.
In certain circumstances, a right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organisation, at your request.
Where our processing is based on our legitimate interests you have a right to object to our processing of your personal data. However we do not need to accept your objection if we can show that, on balance, we have legitimate grounds for continuing to process your personal data which override your rights or if we need your personal data for the establishment, exercise or defence of legal claims.
You also have an absolute right to object to the sending of marketing information. All marketing information we send you will give you the option to opt out of such communication.
Withdrawal of consent
When we rely on your consent to process personal data, you may withdraw your consent at any time. This will not affect the validity of anything we have done before you withdraw your consent but we will promptly cease the data processing to which the withdrawn consent relates.
The above is only a summary of your rights as a data subject. These rights are subject to various conditions and exceptions which are provided for by law. For more detailed information please contact us on the details provided above.
If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, you also have the right to make a complaint to the Information Commissioner's Office. Their address is:
First Contact Team
Information Commissioner's Office
10. LINKS TO OTHER SERVICES
Our Services may link to websites or apps which are operated by others. If you follow these links and leave our Services, we will not have any control over that other website or app and how its operators collect and use your data. This means that we cannot be responsible for the protection and privacy of any personal data which you provide whilst using these sites and apps, as they are not bound by this policy. We strongly recommend that you read their privacy policies to understand how your data will be processed.
This policy was last reviewed and updated in December 2018.