Privacy Policy

Privacy Policy

Effective date: May 30, 2018

Welcome to elektrischezigarette (“Prisma,” “we,” “us” or “our”). elektrischezigarette provides a fast, beautiful and fun way for you to stylize your photo. Just snap a photo, choose a style to transform the look and feel, and share!

Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with elektrischezigarette services (collectively, the “Service”), and your choices about the collection and use of your information. We undertake to build the Service and any of its features in such a way that it respects your privacy and allow you not only to understand what we do with your personal information, but also manage your data effectively.

By using our Service you understand and agree that we are providing a platform for you to stylize content.

Our Policy applies to all visitors, users, and others who access the Service (“Users”).

1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly. If you are unregistered user we collect User Content (including your photos and materials with applied styles) that you post through the Service.

Analytics information. We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies. When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use elektrischezigarette and provide features to you.

We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers. When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “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. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by elektrischezigarette.

A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Among others we collect the following device identifiers:

  • User Device ID
  • Platform (iOS/Android)
  • Device OS Version
  • App Version
  • First request time
  • Language
  • Region/Country
  • Timezone
  • Model
  • App Version
  • Push Token (optional)

Metadata. Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.

Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you share a photo) or other data.

Registered users. If you are registered user we may collect more Personal Data about you including the following:

  • Email/Phone number;
  • Username (real name is not mandatory, just nickname or username),
  • User DeviceID (generated by our app),
  • First user authorization date and time,
  • Shared Posts:

    • Photo (not an original one, but with a style applied),
    • Post title,
    • User ID,
    • Geo-location of user’s device (Lat/Long),
    • Date/time of posting event.
  • Different ID assigned to you when you use the Service (for example, comment ID, post ID, sender ID)

If the information covered by this Section is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent information covered by this Section is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data.” We use pseudonymization for particular types of Personal Data to ensure better security of your Personal Data. Please bear in mind that provisions of Section 3 do not apply to pseudonymized Personal Data.

2. HOW WE USE YOUR INFORMATION AND PERSONAL DATA

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive (including Personal Data) for the following purposes:

  • to provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  • to provide, improve, test, and monitor the effectiveness of our Service;
  • to develop and test new products and features;
  • to monitor metrics such as total number of visitors, traffic, and demographic patterns (including via third party services as specified in Section 4 of this Privacy Policy);
  • to diagnose or fix technology problems;
  • to automatically update the elektrischezigarette application on your device;
  • to send you technical notices, updates, security alerts and support and administrative messages;
  • to link or combine with information we get from others or (and) from you to help understand your needs and provide you with better service (to use in training of neural networks, artificial intelligence, as well as for any other automated decision-making processing);
  • for any other purposes disclosed to you at the time we collect Personal Data or indicated in this Privacy Policy.

We will not process your Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you in accordance with Section 2 of this Privacy Policy or collect any Personal Data that is not required for the mentioned purposes (“purpose limitation principle”). For any new purpose of processing we will ask your separate consent. To the extent necessary for those purposes, we take all reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We also undertake to collect only such amount and types of Persona Data that are strictly required for the purposes mentioned in this Section of the Privacy Policy (“data minimization principle”).

3. YOUR RIGHTS

  • Rectification of Personal Data and Restriction of Processing. You are responsible for ensuring the accuracy of your Personal Data that you submit to elektrischezigarette. Inaccurate information will affect your experience when using the Services tools and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is inaccurate, you have right to contact us and ask us to correct such Personal Data as described above. You shall also have the right to obtain restriction of processing of your Personal data, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy.
  • Notice about automated decision-making. We use automated decision-making tools (e.g. neural networks) that process your Personal Data in order to provide you better Services (for example, improvement of filters application).
  • Notification requirements. We commit to notify you promptly and your data protection authority within the timeframe specified in applicable law (72 hours) about any personal data breaches.
  • Data Protection Authorities. Subject to GDPR, you also have the right to (i) restrict our use of Personal Data and (ii) lodge a complaint with your local data protection authority about any of our activities that you deem are not compliant with GDPR.

Please keep in mind that in case of a vague access, erasure, objection request or any other request in exercise of the mentioned rights we may engage the individual in a dialogue so as to better understand the motivation for the request and to locate responsive information. In case this is impossible, we reserve the right to refuse granting your request.

Following the provisions of GDPR we might also require you to prove your identity (for example, by requesting an ID or other proof) in order for you to invoke the mentioned rights. This is made to ensure that no right of third parties are violated by your request, and the mentioned rights are exercised by an actual Personal Data subject or an authorized person.

Please note that we will grant your request within 30 days after receiving it, but it may take up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems – this is due to the size and complexity of the systems we use to store data.

4. SHARING OF YOUR PERSONAL DATA

We will not rent or sell your Personal Data to third parties outside elektrischezigarette (or the group of companies of which elektrischezigarette is a part) without your consent, except as Parties with whom we may share your information in accordance with this Policy.

Parties with whom we may share your Personal Data. We may share User Content and your Personal Data (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that elektrischezigarette is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos and are bound by the rules of this Privacy Policy.

We also may share your Personal Data as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your Personal Data as is reasonably and appropriately necessary to provide the Service under reasonable confidentiality and data protection terms.

We may also share certain Personal data and information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

We may remove parts of data that can identify you and share anonymized data with other parties.

The parties we share your Personal Data with are either EU-based or compliant with the EU-US Privacy Shield Framework that ensures that European data privacy requirement are met. We also utilize standard contractual clauses and other contractual safeguards in order to protect your privacy and insure that all transfers of your Personal Data are safe and compliant with applicable laws.

We may also combine your information (including Personal Data) with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content. Any information or content that you voluntarily stylize with the Service, such as User Content, becomes available to the elektrischezigarette anonymously.

What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of elektrischezigarette or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Responding to legal requests and preventing harm. We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

5. HOW WE STORE, PROCESS AND TRANSFER YOUR PERSONAL DATA

Data Storage and Processing. Your information collected through the Service may be stored and processed in the United States or any other country in which elektrischezigarette, its Affiliates or Service Providers (processors) maintain facilities.

elektrischezigarette, its Affiliates, or Service Providers may transfer information that we collect about you, including personal 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 collection and use 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 your jurisdiction. Our storage providers and processors in the United States self-certified under the Privacy Shield program and we utilize standard data protection clauses in order to transfer your Personal Data safely and in full compliance with the applicable law.

We process your Personal Data in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.

Data security. We use reasonable and appropriate information security safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, elektrischezigarette cannot ensure the absolute security of any information you transmit to the Service or an absolute guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Please understand that there is no ideal technology or measure to maintain 100 % security. Among others, we utilize the following information security measures:

  • Pseudominization of certain categories of your Personal Data;
  • Encryption of your Personal Data in transit and in rest;
  • Systematic vulnerability scanning and penetration testing;
  • Organizational and legal measures. For example, our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the Service. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data.
  • Conducting periodical data protection impact assessments in order to ensure that the Service fully adheres to the principles of ‘privacy by design’, ‘privacy by default’ and others. We also commit to undertake privacy audit in case of Company’s merger or takeover.

Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and elektrischezigarette, at all times. Your privacy settings may also be affected by changes the social media services you connect to Instagram make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

You should be aware that we may retain certain Personal Data and other information after your account has been terminated in an aggregated, anonymized form. Any posts or comments you submit may remain visible if and after you delete your account. We are not obligated to remove your posts or comments. We reserve the right to use your information in any aggregated data collection after you have terminated your account, however we will ensure that the use of such information will not identify you personally. We will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

All information that you provide to us through the App is automatically uploaded to our servers and is stored there in duplicate to the information stored on your device.

If you remove data from your account, you will no longer see it in the App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical reasons.

Contacting you. You agree that we may send you Service-related emails (e.g., changes/updates to features of the Service, technical and security notices, updates to the Privacy Policy). Note that you may not opt out of Service-related e-mails, unless applicable laws provide differently for particular types of users.

6. CHILDREN’S PRIVACY

General age limitation. elektrischezigarette does not knowingly collect or solicit any information from anyone under the age of 13. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please understand that this Privacy Policy applies only to information and Personal Data we collect from you. Where we have linked to a third-party website or service, you should read the privacy policy stated on that third-party website or service.

8. HOW TO CONTACT US. EU REPRESENTATIVE AND DATA PROTECTION OFFICER

elektrischezigarette Labs, Inc.
440 N Wolfe Rd
Sunnyvale, CA 94085

9. CHANGES TO OUR PRIVACY POLICY

elektrischezigarette may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of elektrischezigarette or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification. In some cases, we may require you to expressly accept new Privacy Policy in order to continue using our Service (for example if we expand types of Personal Data collected from you or introduce new purposes of collection and processing).