DATA PROTECTION & PRIVACY PROCESSING POLICY NOTICE
- Laduma VR application software (App), once you have downloaded or streamed a copy of the App onto your desktop computer, mobile telephone or handheld device (Device); and
This policy notice supersedes and augments our previous policy provisions and must at all times be read in conjunction with our existing applicable terms and conditions of trade in any given commercial transaction/s or relevant business arrangement/s, depending on the context, which may therefore expressly or impliedly be incorporated into such particular terms and conditions by reference, as allowed for by law. This policy further sets out the basis on which any personal data we collect, or that is provided to us, will be processed by us. Please read the following carefully to understand our views and practices regarding personal data and how we will treat it.
We consider the specified reasons and objectives for data collection set out in this policy notice to be our “legitimate data requirements”, as referred to further on below.
For purposes of the Data Protection Act 1998, the data controller is Laduma Creative Enterprises Limited of Liverpool Walker House, Suite 1, Sixth Floor, Walker House, Exchange Flags, Liverpool, L2 3YL, UK.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on the App and Our Sites, or by corresponding with us (for example, by e-mail or chat). This includes information you provide when you download or register the App, register to use Our Sites, access and use the App, subscribe to any of our Services, search for the App or a Service, share data via the App’s social media functions, enter a competition, promotion or survey, and when you report a problem with an App, our Services, or Our Sites. The information you give us may include your name, address, e-mail address, phone number, Device’s phone number, age, username, password and other registration information, financial and credit card information, personal description, and photograph.
- Information we collect about you and your Device. Each time you visit Our Sites or use the App we may automatically collect the following information:
- technical information, including the internet protocol (IP) address used to connect your computer to the internet, login information, the type of mobile device you use, a unique device identifier, mobile network information, your operating system and platform, the type of browser you use, browser plug-in types and versions, and time zone setting;
- information stored on your Device, including photos, videos or other digital content;
- details of your use of the App and your visits to Our Sites, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.
- Location information. We may use GPS technology to determine your current location.
- Information we receive from other sources (Third Party Information). We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
- If you contact us, we may keep a record of that correspondence.
- Unique application numbers. When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
The material terms of this policy are summarized as follows:
1. Personal Information. During or arising from certain commercial interaction/s with particular third parties, including, but not limited to, our clients/customers/suppliers/subcontractors/service providers/subscribers, we may deem it fit or appropriate or necessary to obtain, process, manage and store “Personal Information” on behalf of such third parties. “Personal Information” means information that relates, directly or indirectly, to an identified or identifiable person (a “Data Subject”), that may include names, email addresses, postal addresses, or online identifiers, which that party provides or submits to us. In accordance with our Data Protection and Privacy Processing Consent Notice (“Consent Notice”), we strive to ensure that such third parties freely and voluntarily consent for their personal data to be collected by any member of our staff for the purposes of concluding any applicable or necessary agreement/s, for promotional material and/or marketing, issuing quotes and processing or managing any aspect/s of our business relations with third parties or their organizations or any ancillary requirements connected to same. In many instances, such information comprises necessary contractual data in that some or all of the above details will be required when conducting business or for concluding contracts or issuing quotes/invoices or other necessary ancillary/related/connected documents.
2. We use information held about you in the following ways:
- Information you give to us:
- To carry out obligations arising from any contracts entered into between you and us or the appstore provider from whose site you downloaded the App (including the processing of payments by a third-party provider of payment processing services).
- To provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes.
- To notify you about changes to the App or any of the Services.
- To ensure that content is presented in the most effective manner for you and your Device.
- Information we collect about you and your Device:
- To administer the App, Services and Our Sites, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
- To maintain, protect and improve the App, Services and Our Sites.
- To allow you to participate in interactive features of the App and Services, when you choose to do so.
- As part of our efforts to keep the App and Our Sites safe and secure.
- To make suggestions and recommendations to you and other users of the App about goods or services that may interest you or them.
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
3. Disclosure of your information.
We may disclose some or all of the data we collect from you when you download or use the App to the following third parties:
- Appstore providers from whose site you downloaded the App.
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Analytics and search engine providers that assist us in the improvement and optimisation of Our Sites.
- Your mobile network operator.
- Payment-processing services providers, in the event of purchases.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Laduma Creative Enterprises Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
- In order to:
- protect the rights, property or safety of Laduma Creative Enterprises Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4. Data Protection Management & Processing. We will take reasonable measures and commercial endeavors to responsibly Process Personal Information. “Process” or “Processing” means any operation or set of operations which is performed on Personal Information, whether or not by automated means, such as the access, collection, use, storage, disclosure, dissemination, combination, recording, organization, structuring, adaption, alteration, copying, transfer, retrieval, consultation, disposal, restriction, erasure and/or destruction of Personal Information. We therefore undertake to take reasonable steps to:
- Process Personal Information solely in accordance with specified parameters or instructions;
- Process Personal Information in accordance with laws, rules, and regulations that apply to Company’s provision, and Client’s use, of the Services, including the General Data Protection Regulation (EU) 2016/679 (“GDPR,” and collectively, “Applicable Law”);
- not disclose or otherwise make available in any form any Personal Information to any third party without first, except to the extent prohibited by Applicable Law, (i) notifying Data Subject/s of the anticipated disclosure (so as to provide such person the opportunity to oppose the disclosure and obtain a protective order or seek other relief); (ii) obtaining Data Subject’s prior consent to the disclosure; and (iii) imposing contractual obligations on the third party recipient that are at least equivalent to those obligations imposed on us under this policy;
- amend, correct, or erase Personal Information at a Data Subject’s written request and provide a means for such person/s to update and make accurate Personal Information Processed by us;
- notify Data Subject/s of any third party request (by a Data Subject or otherwise) to (i) restrict the Processing of Personal Information; (ii) port Personal Information to a third party; or (iii) access, rectify, or erase Personal Information. We undertake to take all reasonable steps to assist Data Subject/s, at his/her/its reasonable written request, in complying with any obligations to respond to requests and complaints directed to him/her/it with respect to Personal Information Processed by us;
- at the reasonable written request of a Data Subject, cooperate and assist in conducting a data protection impact assessment;
- ensure that our personnel Processing Personal Information are subject to obligations of confidentiality; and
- keep all Personal Information compartmentalized or otherwise logically distinct from other information of our organization or our personnel, suppliers, customers or other third parties.
5. Where we store your personal data.
All information you provide to us is stored on secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
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 the App or Our Sites; 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.
We may collect and store personal data on your Device using application data caches and browser web storage including HTML 5 and other technology.
Certain Services may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users
6. Outsourcing. We will not appoint third party processors to process Personal Information without authorization from Data Subjects. In such instances, we take full responsibility for any significant deficiencies or failure/s of such processor to satisfy or adequately comply with our data protection obligations as provided for in this policy. Please refer to our applicable terms of trade in this regard.
7. Confidentiality. We shall take all reasonable steps to protect and ensure the confidentiality and integrity of Personal Information.
8. Access To And Supply of Records. Upon receipt of a reasonable request, by way of advance written notice, we will take reasonable steps to endeavor to make available to Data Subject such records and information as is necessary to demonstrate our compliance with Applicable law in relation to Personal Information and permit duly authorized parties to conduct an audit to verify such compliance. Any such audit will be conducted on reasonable advance written notice to us and during our standard business hours and in with full reciprocal co-operation from those requesting such audit/s and at all times in such a manner with minimal disruption to the conduct of our operations, subject to a separate non-disclosure agreement entered into between us and the recipient of such information before such audit. We at all times reserve the right to qualify and conduct the proposed audit on a suitable date, detailing in advance the proposed scope, duration, and start date of the audit and specifying who will bear the costs of such audit/s
9. Data Compromise Protocols. Should we become aware of any actual or potential data security breach or compromise/s, we will take all reasonable steps or measures to: (a) notify Data Subjects of the breach/compromise and relevant information regulatory authorities; (b) assist with any investigation, and take any necessary rectification or remedial measures relating to a data protection compromise/breach, including any formal inquiry, investigation, or claim/s concerning same; and
(c) supply Data Subjects with any further reasonable support within such process. “Data Compromise” means any unauthorized access to our systems where Personal Information is stored or any wrongful or unlawful or unintentional loss, destruction, alteration, or unauthorized Processing of Personal Information under our custody or control, excluding incidents that are caused by Data Subjects or their agents/employees/assigns.
10.Return or Destruction of Personal Information. Upon written request by Data Subjects or when we are no longer required to Process Personal Information to satisfy our legitimate data requirements, we will take reasonable measures/steps to (a) cease all use of Personal Information; and (b) return all Personal Information to Data Subjects or upon valid written request, destroy all Personal Information and all copies thereof, except to the extent that we may be obliged to retain a copy/record/s of such Personal Information for a specified period of time.
11. Acknowledgement of Rights. We acknowledge and draw to your attention the following rights that apply to you at all times and which the General Data Protection Regulation [GDPR] (UK) provides for individuals:
11.1 the right to be informed;
11.2 the right of access;
11.3 the right to rectification;
11.4. the right to erasure;
11.5 the right to restrict processing;
11.6 the right to data portability;
11.7 the right to object; and
11.8 the right not to be subject to automated decision-making including profiling.
12.YOUR GENERAL RIGHTS:
You have the right to ask us not to process your personal data for marketing purposes. You can exercise the right at any time by contacting us at firstname.lastname@example.org.
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
15.Governing Law; Jurisdiction. This policy is governed by and shall be interpreted in terms of the laws of England, except that body of law concerning conflicts of law. Any dispute arising between the parties relating to the existence of this policy, any alleged breach thereof, or any other dispute of any nature, may only be presented in the courts located in England, United Kingdom.