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Privacy

A. About Us

 

Welcome to goneby.co (the “Website” or “Site”) and our Services including our Goneby mobile application (“App”, or “Mobile App”). The Website and the App are owned and managed by Goneby Inc. (“Goneby”, the “Company”, “us”, “we”, or “our”). We provide an online venue for making connections for potential dating partners.  We do this through the services offered on the Website, Mobile App, and by the products and services otherwise offered by us (together with the Website, Mobile App, Content, and all of the products and services offered by us, our “Services”).

By accessing or using our Services, you the end user of our Services (“User”, “you”, or “your”), expressly agree to the provisions of and the data practices reflected in this Privacy Policy (our “Policy”), our Terms of Service, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements.

 

If you do not agree to the practices described below in this Policy, do not browse our Website or use our Services, as your continued use of our Services indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Data and other information as described in this Policy.

B. Privacy Policy

This Policy explains our policies and practices regarding how we collect, use and disclose Personal Data that we collect through our Services.

 

Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy will have the meanings given to such terms in the Terms of Service.

 

As described in this privacy statement, we will not process your information without a lawful basis to do so. We will process your user information with your legal consent (when you voluntarily provide information or opt in) or on the basis of contract law (when you enter into a transaction with us), or when we have a legal obligation to do so. As described herein, we may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering content, and further developments and improvements to the Site, learning from analyzing traffic to better serve all Site users, to analyze the likes and dislikes of our users, and to help us to provide a more stable, consistent, and secure user experience. If you have any questions regarding this, please contact us.

 

You may contact us to request what personally identifiable information that we have collected from you by sending a request to feedback@goneby.co.

 

You have the right to be forgotten, if you would like us to remove your personally identifiable information from our database, you can deactivate your Account through the App.

1. Information We Collect and How We Collect It

(a) Personal Data. Personal Data and other information are collected from you when you create an Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. In connection with the Services, you may be asked to provide us the following Personal Data and other information: your name, email address, telephone number, geographic location, gender, preferences, personal descriptions (including physical characteristics), payment information, and other information in connection with the Services.

 

(b) Location Data. We and third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the Services, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of the Services. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location Data with third parties. Location Data is shared anonymously in a form that would not personally identify you.

 

(c) Use Data. When you send or receive Content using our Services, we collect data about that Content.

 

(d) Log Information. When you browse our Services, you do so anonymously, unless you have previously created an Account with us. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 9 below for more information.

 

(e) Ad Data. The Website may use ‘Google AdSense’ by Google, Inc. (“Google”) to integrate advertisements on the Services. Google AdSense uses ‘cookies’ and ‘web beacons’. If this Website uses ‘Google AdSense’, then information about the use of this Website (including your IP address) and the delivery of advertising formats generated by cookies and web beacons will be processed to a server of Google in the United States and will be saved there. This information may be processed to contractual partners of Google by Google. Google will not associate your IP address with any other Google data. Through the use of this Website, you express your consent to the processing of data collected by Google about you in the manner and for the purposes described in this Policy and in Google’s partner data policy here: http://www.google.com/policies/privacy/partners/.

 

(f) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Policy does not restrict what we can do with aggregate information.

 

(g) Analytics. We may use third-party analytics tools to collect information about use of our Services. Analytics tools collect information such as how often Users visit our Website, what pages Users visit when Users visit our Website, and the other websites they accessed prior to accessing our Website. We use the information we gather from analytics to improve our Services. Analytics tools collect information such as the IP address assigned to you on the date you visit our Website, but does not collect Personal Data. We do not combine the information collected through the use of analytics with Personal Data. Although our analytics tools may plant a cookie on your web browser to identify you as a unique User the next time you visit our Website, the cookie cannot be used by anyone but our analytics tools. In the event that we use Google’s ‘Google Analytics’, then Google’s ability to use and share information collected by ‘Google Analytics’ about your visits to our Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent analytics tools from recognizing you on return visits to this Website by disabling cookies on web browser. See Section 9 below for more information.

 

(h) Device Information. We may collect data about the computer or Device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDID’), phone number, and mobile carrier information.

 

(i) Tracking Technologies. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Services or Linked Sites. Please see Section 9 below for further information regarding tracking technologies.

 

(j) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.

2. Why We Collect It

 

We collect and use your Personal Data based on one or many of the following legal basis:

 

(a) The processing of your Personal Data is necessary to provide our Services to you. Goneby uses your Personal Data to maintain your Account and provides you with the best Services.

(b) Goneby may use your Personal Data where it has a legitimate interest to do so and that legitimate interest is not overridden by your interests (E.g., fraud detection).

(c) Goneby has obtained your prior consent. You may withdraw your consent at any time by contacting us at: feedback@goneby.co.

(d) Goneby may have to process your Personal Data to comply with applicable laws and regulations.

3. How We Use It

We use, allow access to, or disclose your Personal Data to third parties with whom we partner in order to:

 

(a) enable us to provide the Services to you;

(b) notify you regarding Services, your Account, or fees;

(c) increase the usability of the Services;

(d) provide information about promotional offers;

(e) deliver advertisements on our Services and on the websites of advertising partners, to improve and monitor advertising, and to provide you with targeted advertisements;

(f) investigate objectionable use of the Services;

(g) respond to requests for assistance from our customer support team;

(h) analyze trends and use of our Services; and

(i) carry on our business, as determined by us.

4. Who We Share It With

We will share your Personal Data with third parties:

 

(a) When you have enabled us to share your Personal Data with another company or our Affiliates, such as: in sending you offers and promotions about their products and services; or allowing us to share your personal data with third parties or Linked Sites, such as Social Media Accounts. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.

 

(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 3 above.

 

(c) When required by law or by court order.

 

(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.

 

(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Policy will be assigned and delegated to the other company.

 

(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.

 

5. Your Choices

(a) Any Content that you Post may be searchable by other Users and third parties as well as subject to use by others. Once you have Posted Content or made it viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others my use the Content you Post. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.

 

(b) The Services may allow you to share Content on Social Media Accounts. If you use such functionality of the Services, then you should use caution when determining to whom you want to make Content available. If you choose to Post Content on third-party Social Media Accounts, then, depending on the privacy settings of your Social Media Accounts, it is possible that persons in addition to those to whom you intended to view that Content could have access to that information. Accordingly, you should use caution when sharing Content via third-party Social Media Accounts and you should carefully review the privacy practices of such Social Media Accounts.

 

(c) If you remove information, Personal Data, or Content that you Post to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.

 

(d) You may opt out of targeted advertisements from some third-party companies by visiting the Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which provide simple ways to opt out of ad targeting from participating third-party companies. When you opt out, your selection will be stored in a cookie that is specific to your Device or computer and the web browser you are using. The opt out cookie has an expiration date of five years. If you delete the cookies on your computer or Device, you will need to opt out again.

 

(e) We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us at feedback@goneby.co; or (ii) following the instructions in the communication.

 

6. Security of Your Personal Information

We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

 

All your Personal Data is strictly confidential and will only be accessible, on a need-to-know basis, to duly authorized personnel of Goneby and third-party providers acting on our behalf with appropriate technical and organizational security safeguards.

Goneby has implemented security measures to protect your Personal Data against unauthorized access and use. We follow strict security procedures in the storage and disclosure of your Personal Data, to prevent unauthorized access by third parties and to prevent your data from being accidentally lost. We limit access to your Personal Data to those who have a genuine business need to access it. Those who do access your Personal Data will be subject to a duty of confidentiality towards Goneby.

We also require those parties to whom we transfer your personal data to comply with the same. However, the transmission of information via the internet is not totally secure. So, we cannot ensure the security of your Personal Data transmitted by you to us via the internet. ANY SUCH TRANSMISSION IS AT YOUR OWN RISK AND YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED USE, DISTRIBUTION, DAMAGE OR DESTRUCTION OF YOUR INFORMATION, EXCEPT TO THE EXTENT WE ARE REQUIRED TO ACCEPT SUCH RESPONSIBILITY UNDER THE LAW. ONCE WE HAVE RECEIVED YOUR PERSONAL DATA, WE WILL USE THE SECURITY MEASURES ABOVEMENTIONED.

7. Your Profile

Users may review and update Personal Data by logging into their Account. If your Account is terminated by you or us, we will remove your name and other Personal Data from our database. If you close your Account, we have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain Content related to you for any reason we determine as long as it is not personally identifiable information. We may also retain and use Content Posted by you if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.

8. How Long Do We Keep Your Personal Data

 

Your Personal Data is processed for the period necessary for the purposes for which they have been collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

In order to determine the most appropriate retention periods for your Personal Data, we specifically considered the amount, nature and sensitivity of your Personal Data, the reasons for which we have collected your Personal Data, the Services you deserve and expect from Goneby together with the applicable legal requirements.

 

9. Cookies and Tracking Technology

 

We and other third parties with whom we may partner may use cookies, clear .gifs and .pngs (also known as ‘web beacons’), or local shared objects (sometimes called ‘flash cookies’) to help personalize the Services. You may read our Cookie Policy for more information on why we use them. A cookie is a text file that is placed on your computer or other device by a server. Cookies cannot be used to run programs or deliver viruses to your computer or other device. Cookies are uniquely assigned to you, and can only be read by the server that issued the cookie to you. A web beacon is typically a transparent .gif or .png graphic image (usually 1 pixel by 1 pixel in size) that is used in conjunction with the Services, which allows us or third parties with whom we may partner to measure the actions of Users who interact with the portion of the Services that contain the web beacons. We and other third parties use web beacons to measure traffic and related browsing behavior, and to improve your experience when using the Services. We and other third parties may also use customized links or other similar technologies to track hyperlinks that you click, and associate that information with your Personal Data in order to provide you with more focused communications. You have the ability to accept or decline cookies and web beacons may be unusable if you elect to reject cookies. Most web browsers automatically accept cookies, but you can usually modify the settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services.

10. Children's Online Privacy

Although we want everyone to express themselves freely, no part of the Services is structured to attract anyone under the age of eighteen (18). We never collect or maintain Personal Data through the Services from those we actually know are under 18. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User.

 

If you believe that a User is under the age of 18, please use the reporting feature available through the App.

 

We reserve the right to suspend and/or terminate with or without notice the Account of a User who we believe is under the age of 18 and each User agrees to make no further use of the Services after termination and/or during suspension.

 

11. Linked Sites

The Services and/or third parties may provide links to Linked Sites and data provided by third parties. However, we are not responsible for the privacy practices employed by Linked Sites, nor are we responsible for the information or materials that third-party data contains. This Policy applies solely to information collected by us through the Services; thus when you use a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data may be collected by the Linked Site and made available to us.

12. Advertisement Revenue

 

The Services may display advertisements operated by us, our Affiliates, and/or third parties. Some of the advertisements we display are targeted to you based on your online behavior and your click habits and we may receive compensation based on your clicks.

 

13. In the Event of Sale or Bankruptcy

 

The ownership of the site, goneby.co or the company, Goneby Inc., a Delaware Corporation, change at some point in the future. Should that occur, we want this site and the company to be able to maintain a relationship with you. In the event of a sale, merger, public offering, conversion of the company entity into a different business entity, bankruptcy or other change in control of Goneby Inc., your information may be shared with the person or business that owns or controls this site or the company. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.

14. California Consumer Privacy Act (CCPA)

 

This California Consumer Act Privacy Notice (“CCPA Notice”) applies to California “Consumers” as defined by the California Consumer Privacy Act (“CCPA”).  For the purpose of this CCPA Notice, “Personal Information” (“PI”) as defined by the CCPA includes personal data as used in the Privacy Policy.

 

This CCPA Notice is in addition to the above-mentioned provisions of the Privacy Policy. In case of contradiction, discrepancy or inconsistency between the Privacy Policy and the CCPA Notice, the CCPA Notice shall prevail for Californian Consumers. We may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with our Privacy Policy.

 

We collect the following categories of PI from Consumers: identifiers (E.g., name, phone number, email address), personal records, account details, characteristics and preferences, education, professional information, usage information, geolocation data.

 

We share Personal Information provided by Consumers with our service providers for our business and operational purposes, and with our affiliates.

 

We do not “sell” Personal Information that we collect directly from you, in accordance with the definition of “sell” in the CCPA. 

 

We do allow third parties to collect information relating to your use of our Website and Mobile App through the use of cookies and similar technologies. There is not yet a consensus as to whether data collection by third-party cookies associated with our Website and Mobile App constitutes a “sale” of your PI as defined by the CCPA.  

You can disable cookies through your web browser or opt out of certain types of cookie-based sharing through our homepage cookie banner. You can learn more about the cookies we use by visiting the Cookies and Tracking Technology section of our Privacy Policy.

 

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell request by you so we currently do not recognize these as a do not sell request.  We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate. 

 

Consumers have the right to exercise their privacy rights under the CCPA in their individual capacity or via an authorized agent who meets the agency requirements of the CCPA.  Authorized agent requests must include a copy of the agency agreement between the authorized agent and the consumer. We will ask the consumer to independently confirm the agency relationship.

 

We will not discriminate against you in a manner prohibited by the CCPA as a result of your exercising your rights under the CCPA.

 

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your CCPA rights requests.  We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome.  In addition, we have right not to honor a request to the extent that doing so would infringe upon ours or the rights of any other person of party’s rights or conflict with applicable law.

 

You have the right to send us a request, no more than twice in any twelve-month period, for any of the following for the period that is twelve months prior to the request date:
. The categories of PI we have collected about you;
. The categories of sources from which we collected your PI;
. The purposes for our collecting your PI;
. The categories of third parties to whom we have shared your PI;
. The specific pieces of PI we have collected about you;
. A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.

 

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

 

Except to the extent we have a basis for retention under CCPA, you may request that we delete your Personal Information that we have collected directly from you and are maintaining.  Note also that we are not required to delete your PI that we did not collect directly from you.

15. Changes to our Policy; Miscellaneous

We reserve the right to change this Policy, our Terms of Service, and our other Policies at any time. We will notify you about changes to this Policy by placing the updated Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, our Terms of Service shall control.

16. Questions or Comments regarding this Policy

We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: feedback@goneby.co.


 

Effective date

This Policy was last updated on February 1, 2022.

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