VOCALY’S PRIVACY POLICY
Thank you for using Vocaly services! This privacy policy (hereinafter referred to as the “Privacy Policy” explains among others what personal data are collected by Vocaly Pro sp. z o.o. with its registered office in Lublin and by its entities (hereinafter referred to as “Vocaly” or “Controller”), how Vocaly uses and processes your personal data, as well as the choices you have about your personal data. Moreover, this Privacy Policy describes the privacy practices that Vocaly receives from the Users by using Vocaly’s services with regard to collecting, using and disclosing information, both personal and non-personal information.
This Privacy Policy applies to all services provided by Vocaly, such as the "Vocaly" app., the Vocaly website (https://vocalypro.com), the newsletter, and other related services, which will hereinafter be referred to collectively as the "Services".
If you wish to know more or need any additional information, please contact us – info@vocalypro.com
By using the Vocaly Services, you give us your consent that all of your personally identifiable information that you submit to Vocaly or that is collected by Vocaly in connection with the Services, in particular your name, email address, may be processed by Vocaly in the manner and for the purposes described in this Privacy Policy.
WHAT
PERSONAL DATA IS?
According to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”), “personal data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
WHO
IS THE CONTROLLER OF PERSONAL DATA?
The controller of your personal data is a company under the business name Vocaly Pro spółka z ograniczoną odpowiedzialnością with its registered office in Lublin (address: ul. Garbarska 16, 20-340 Lublin), entered into the register of entrepreneurs of the National Court Register kept by the District Court Lublin - Wschód in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0000777318, holding NIP (tax identification number): 9462687361, statistical number (REGON): 382855837.
HOW
TO CONTACT US?
The contact with the Controller is possible through:
●
by sending
an e-mail to the following address: info@vocalypro.com;
●
sending a
written parcel to the following address: Vocaly Pro sp. z o.o., ul. Garbarska
16, 20-340 Lublin.
The Controller has not appointed the data protection officer.
HOW
WE COLLECT INFORMATION?
Vocaly collects your information in the following manner:
●
Vocaly
collects information when you complete your registration to join Vocaly and
access the Services and/or by logging into an account that you already have
with certain third-party social networking sites (hereinafter referred to as
the “SNS”), including, but not limited, to Facebook, Google+, Apple. For
example, Vocaly’s Services may allow you to create an account and login to the
Services using your Facebook account credentials through Facebook Connect.
Vocaly collects information that you voluntarily provide to become a registered
user of Vocaly’s Services, and when you use certain aspects of Vocaly’s
Services;
●
Vocaly
collects voluntary information from you, as an account holder, to add to your
Account. This is completely voluntary on your part and Vocaly makes every
attempt possible to collect as little personally identifiable information to
create these profiles;
●
When you
browse or use Vocaly’s Services,, technological tools including “cookies”
collect certain information, as explained in the following section.
WHAT
INFORMATION DOES VOCALY COLLECT?
Personal information:
Vocaly collects personally identifiable information (hereinafter referred to as the "Personally Identifiable Information") directly when you create an account with Vocaly Services. Personally Identifiable Information is information that identifies you and that may be used to contact you both online and offline. Personally Identifiable Information may include, but is not limited to, first name, last name, age, email address, gender, stage name, profile picture, audio recordings, video recordings etc. Additionally, if you will be creating an account on the Services using your SNS account, Vocaly may collect your Personally Identifiable Information that you have already provided within the SNS (including, but not limited to, other information that is publicly available in your SNS account, as well as additional information that you have provided to Vocaly for access through the SNS) to create your account on the Vocaly Services. The information we collect may depend on the privacy policy of the SNS in question, so you should consult with the SNS in question in this regard.
Moreover, Vocaly as part of its Services, collects and stores the audio and video recording. Vocaly does not collect and store audio and video recordings made within the Services that are not connected with a valid, signed-in account.
As part of profiling your account on the Services, you will be able to add a profile picture of yourself. However, adding this photo will not be necessary for you to properly use the Services and is entirely up to you.
The Vocaly application may also include the ability to link certain geographical information made available by Vocaly with your physical location. When you use the Vocaly application, this application may know, in very general terms, your current physical location. To the extent that your physical location can be determined by the Vocaly application, Vocaly may use your location to make available information to you that is relevant because of your physical location. In addition, by using the Services, Vocaly may track your activity on, among other things, third party applications and websites. This data may also be shared with third parties as indicated in this Privacy Policy. If you are an IOS user, you can disable this feature by clicking on the "Ask App Not to Track" notification or disable this feature in your tracking settings.
Your Personally Identifiable Information (and sometimes in combination with Non-Personally Identifiable Information) is used by Vocaly to provide the Services to you (details below).
Non-Identifying Information:
Vocaly may also collect information that you provide as part of the registration or account personalization process on the Vocaly Services that cannot be objectively used to identify or contact you (e.g. individual preferences) (hereinafter after referred to as the "Non-Personally Identifiable Information"). Some Non-Personally Identifiable Information may be considered part of your Personally Identifiable Information if it is combined with other identifiers in a way that makes it possible to identify or contact you. At the same time, the same information will be considered Non-Personally Identifiable Information when taken alone or combined only with other Non-Personally Identifiable Information.
WHY
DOES VOCALY COLLECT AND HOLD YOUR INFORMATION?
Vocaly collects and holds your personal data in connection with the provision of the Services. This can be divided into the following categories
The processing of your personal data is necessary for the proper performance of the agreement between you and Vocaly (hereinafter referred to as the "Agreement"), which is concluded by your acceptance of the terms and conditions. The data you provide will enable you to register for an account and to use the Services correctly as a user.
The data you provide to Vocaly as part of the Services is processed for the purpose of providing the Services - Vocaly processes personal data in order to provide content and Services to its users, including information about available content and services, and most importantly, for the proper and fully satisfactory use of the Vocaly application.
Legal basis for processing: Article 6(1)(b) of the GDPR (processing is necessary for the performance of an agreement to which the data subject is a party).
The processing of your personal data may be necessary in order to handle user complaints and claims related to the Services, to contact a user of the Services or a third party using the Services. In addition, the processing of your personal data may be necessary to take explanatory or corrective action. Vocaly does this to answer your questions and to provide you with the necessary assistance.
Legal basis for processing: Article 6(1)(b) of the GDPR (processing is necessary for the performance of an agreement to which the data subject is a party) and Article 6(1)(f) of the GDPR (legitimate interest of Vocaly).
In the event that payment would be required to use parts of the Services, then such processing of your personal data will be necessary in order to perform the Agreement and to enable you to use those parts or all of the Services offered by Vocaly. In addition, the processing of such data by Vocaly will be necessary in order to archive documents proving that Vocaly has performed its obligations under the Agreement. The Services are integrated with RevenueCat to manage the in-app purchase functionality of the app. If you make an in-app purchase, RevenueCat will receive an information about that purchase. RevenueCat does not receive or process your payment information, such as a credit card number. RevenueCat's Privacy Policy can be found here https://www.revenuecat.com/privacy/
Legal basis for processing: Article 6(1)(b) of the GDPR (processing is necessary for the performance of a contract to which the data subject is a party) and Article 6(1)(c) of the GDPR (fulfillment of a legal obligation incumbent on Vocaly).
When you use the Services offered by Vocaly, the following data may be stored in the system logs: your IP address, the address of the website that referred you to the Vocaly Services, the type of browser you use and its display settings, the type of operating system, the date, time and duration of your visit, etc. The log data collected is used primarily for statistical and analytical purposes and to improve the Services provided by Vocaly, to improve their quality and to adapt their functionality to your needs
Legal basis for processing: Article 6(1)(f) of the GDPR (legitimate interest of Vocaly).
In order for Vocaly to undertake marketing activities and to improve the quality of the Services - Vocaly also processes your personal data for its marketing activities and to continually improve its Services. Vocaly strives to ensure the highest quality of the Services offered and to promote them.
Legal basis for processing: Article 6(1)(f) of the GDPR (Vocaly's legitimate interest, i.e. to improve the Services, to ensure their best quality and to tailor marketing information to the interests of users of the Services).
INFORMATION
SHARED WITH THIRD PARTIES
Vocaly may share aggregated information that does not include Personally Identifiable Information and we may otherwise disclose Non-Identifying Information and log data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personally Identifiable Information. Vocaly may also provide Personally Identifiable Information to its business partners or third parties for the purpose of providing you with information on goods or services Vocaly believes will be of interest to you.
If you use the content of service provided by other platforms, e.g. YouTube, Facebook, Twitter, within the Services, you agree to share your Personally Identifiable Information with such platform.
Vocaly may employ third party companies and individuals to facilitate the Services, to provide the Services on behalf of Vocaly, to perform Services-related services (e.g. maintenance services, database management, analytics and improvement of the Services features) or to assist Vocaly in analyzing how Services are used. These third parties have access to your Personally Identifiable Information only to perform tasks on behalf of Vocaly.
POLICY
TOWARDS CHILDREN
The Services are not directed to children under 13, and Vocaly does not knowingly collect Personally Identifiable Information from children under 13. If Vocaly realizes that it has collected Personally Identifiable Information of a child under 13 without the consent of parent or legal guardian, Vocaly will take steps to delete such information from its files as soon as possible. Vocaly encourages parents to take precautions to assure that their household is safe and protected when creating and sharing this video content.
For children user who pretends to be an adult and use the adult-age to register within the Services or the children user who borrows adult accounts to use the Services, Vocaly may collect the personal information of the children user as an adult user since Vocaly cannot realize that the user is a child before Vocaly detects and identifies him or her as a child. If Vocaly detects and identifies the user as a child, Vocaly will block the user account and forbid the user to use the Services.
WHAT
ARE YOUR RIGHTS?
In connection with the processing of your personal data, you have the following rights:
●
the right
to confirm the processing of your personal data;
●
the right
to access to your personal data;
●
the right
to rectification of your personal data;
●
the right
to erasure your personal data (“right to be forgotten”);
●
the right
to restriction of the processing of your personal data;
●
the right
to withdraw your consent to the processing of personal data;
●
the right
to object to the processing of your personal data;
●
the right
to portability of your personal data;
●
right to
lodge a complaint with a supervisory authority.
To exercise these rights, please contact us.
We explain these rights in more detail below
You have the right to obtain confirmation from us as to whether we are processing your personal data and where that is the case, you have the right to access to the personal data and to obtain information regarding the processing of your personal data.
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. You also have the right to request completion of your personal data if you believe that your personal data is incomplete.
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data. In such a case, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims. Moreover, you have the right to object at any time to processing of your personal data for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us. Moreover, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible. The right to portability of your personal data only applies to data whose processing is based on consent or based on a contract.
You have the right to lodge a complaint with a supervisory authority, if you consider that the processing of your personal data infringes GDPR. The supervisory authority is the President of the Office for Personal Data Protection.
CALIFORNIA
PRIVACY RIGHTS
“CCPA” means the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199), as amended from time to time, and any related regulations and guidance provided by the California Attorney General pertaining to same.
For purposes of the CCPA, personal information means any information that identifies, relates to, describes, or may be associated or reasonably expected to be associated, directly or indirectly, with you.
Residents of California have the following rights:
●
the right
to know what personal information Vocaly collects about you and where it
collects it from;
●
the right
to know if personal information is sold or shared and to whom;
●
the right
to object to the sale of personal information;
●
the right
to access your own personal information;
●
the right
to equal service and price, even for consumers who exercise their right to
privacy (non-discrimination).
To make such a request, please send an e-mail to the address indicated in this Privacy Policy.
HOW
LONG WE PROCESS YOUR PERSONAL DATA?
Personal data provided by you upon registration or as part of the completion of a user profile in connection with the use of the Services will be processed for as long as the Agreement between you and Vocaly, which is entered into by your acceptance of the terms and conditions. After termination of the Agreement, your personal data is retained for as long as you could pursue claims against Vocaly relating to the non-performance or improper performance of the Agreement by Vocaly and for as long as Vocaly could pursue such claims against you.
If your personal data is processed with your consent, Vocaly will process your data until you either withdraw the consent you have given Vocaly or prohibit Vocaly from processing it. You have the right to withdraw your consent at any time, but this will not affect the lawfulness of the processing that was carried out on the basis of your consent before withdrawal.
SECURITY
OF INFORMATION
Vocaly takes appropriate precautions to protect your personal data. Vocaly uses physical, electronic and procedural safeguards that comply with applicable regulations to protect your personal data.
AMENDMENTS
TO THE PRIVACY POLICY
The Controller may amend to the Privacy Policy at any time by informing users of the Services of the changes by e-mail or otherwise as part of the use of the Services (e.g., a message displayed when logging into a profile under the Services.