1 IMPORTANT NOTICE
1.1 Jomoco Limited (company number 09809152) of Jomoco Ltd, PO BOX 101, HASLEMERE, UK, GU27 9GE (‘we’, ‘us’ and ‘our’) complies with applicable data protection legislation (including without limitation the Data Protection Act 1998) (the “Data Protection Legislation”) in connection with its processing of personal data.
1.2 For the purposes of the Data Protection Legislation, where relevant we are the data controller.
1.3 Please read the following policy, and our Cookies Policy which can be found at www.chinwagmessaging.com, to understand how we may use the personal data you provide or which we collect about you in connection with your access and use of the Chinwag Messaging app [and website] (‘Chinwag Services’).
1.4 This policy may vary from time to time so please check it regularly.
2 THE PERSONAL DATA WE COLLECT
2.1 We may collect the following personal data about you:
2.1.1 personal data you provide when setting up and maintaining your account with us (including without limitation your mobile phone number);
2.1.2 personal data you provide when you access and use the Chinwag Services or any related services provided by us;
2.1.3 personal data you provide when you contact us (including without limitation by telephone) to register, subscribe or request other services or products or details about them;
2.1.4 personal data gathered using cookies;
2.1.5 personal data you provide if you enter into a competition or promotion;
2.1.6 details of your use of the Chinwag Services including but not limited to traffic data, location data, weblogs and other communication data; and
2.1.7 information about your device including without limitation your IP address (where available), your phone number, phone numbers from which messages are sent and received, time and date stamps, your operating system and browser type, your browsing activity, status information and status information you request about other users.
3 HOW WE USE PERSONAL DATA COLLECTED
3.1 We may use and process the personal data you provide for the purposes outlined below as well as for any other purposes specified to you at the time of collection:
3.1.1 to provide the Chinwag Services and any related services;
3.1.2 to send you information you have requested;
3.1.3 to provide you with any other services or products you have requested;
3.1.4 to deal with your enquiries;
3.1.5 to contact you by the Chinwag Messaging app, telephone, SMS[, post] and/or email about other offers, products, promotions, developments or services of ours which we think may be of interest to you. You will have the option to choose whether or not you wish to receive such information from us;
3.1.6 to develop, deliver and improve our products or services (including without limitation the Chinwag Services);
3.1.7 to help us develop our products and services (including without limitation the Chinwag Services) to be more useful to you;
3.1.8 for website and app user processing research or analysis including to collect statistics, responses to any surveys and questionnaires, traffic patterns and related site/ app information. (We aggregate this data and it does not identify any users);
3.1.9 for internal purposes for research, analysis, testing, monitoring, customer communication, risk management and administrative purposes; and/or
3.1.10 to send you important notices such as communications about changes to our terms and conditions and policies.
4 DISCLOSURE OF YOUR PERSONAL DATA
4.1 Chinwag Services will not sell personal data to other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may disclose your personal data to our selected third party business partners to provide the Chinwag Services and any related services or respond to an enquiry.
4.2 We may disclose the personal data to our group companies and affiliates or third party data processors who may process data on our behalf to enable us to carry out our usual business practices.
4.3 We may disclose your personal data to third parties in the following circumstances:
4.3.1 to undertake the activities listed above;
4.3.2 to conform to legal requirements or comply with legal process;
4.3.3 to assist in the investigation of suspected illegal or wrongful activity. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
4.3.4 to protect and defend our rights or property;
4.3.5 to deal with any misuse of the Chinwag Services;
4.3.6 to sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers; or
4.4 We may disclose your personal data in other circumstances but, if so, we will obtain your prior consent (including without limitation by way of opt in or opt out mechanisms) to such disclosure.
5 YOUR MESSAGE CONTENT
5.1 Chinwag Services allow users to enter and send message content in the form of pictures, diagrams, photographs etc. with or without embedded captions (thought bubble, speech bubble, banner or title) (collectively the “User Message”). The contents of User Messages that have been delivered by the ChinWag Messaging Service are not copied by Chinwag Services in the normal course of business.
5.2 User messages, which are sent via data services to our servers, are routed to the intended recipient (who must also be a Chinwag Services user) when the recipient is online. User Messages are kept on our servers to allow added recipients to receive the full historical User Message content. Chinwag Services may retain date and time stamp information associated with successfully delivered User Messages and the mobile phone numbers involved in the messages, as well as any other information which Chinwag Services are legally compelled to collect.
5.3 Chinwag Services may allow users to subscribe to and enter Chinwag Caption Competitions. Competition content and rules will be set by Jomoco Ltd. Entry is free and all entries are submitted to Chinwag Services anonymously. After the defined closing date, one or more entries may be selected as winners by Jomoco Ltd. and published to all competition subscribers by Chinwag Services anonymously.
6 YOUR RIGHTS
6.1 When you access and use the Chinwag Services and provide us with your personal data you are agreeing that we may use your personal data for the purposes set out in this policy.
6.2 You have the right to:
6.2.1 request that we stop sending you marketing information;
6.2.2 apply for a copy of the data we hold about you (for which we can charge an administration fee which is currently £10); and
6.2.3 request that we correct or remove any personal data which we hold about you which you believe is inaccurate or out of date.
6.3 You can exercise this right by contacting us at email@example.com.
7.1 We do not like to use advertisements on the Chinwag Services. We accept that advertising can be distracting and annoying however, in order for to make the Chinwag Services available to you free of charge, we do include advertisements in some sections of the Chinwag Services. However, you can remove all advertisements by upgrading to the version of the Chinwag Services which you receive.
8 TRANSFERRING PERSONAL DATA OVERSEAS
8.1 The personal data we collect from you may be held within the European Economic Area (“EEA”). It is also possible that such personal data may be transferred, stored and/or processed outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing and/or processing. You should be aware that countries outside the EEA may not offer the same level of data protection as the United Kingdom.
8.2 If you are located outside of the United Kingdom, your personal data may be transferred to the United Kingdom when you access and use the Chinwag Services. By continuing to access and use the Chinwag Services, you consent to this transfer.
9 LINKS AND THIRD PARTY USE
9.2 In addition, if you send or provide any personal data to a third party using the Chinwag Services, we are not responsible or liable for any use by that third party of your personal data.
10.1 Whilst we will always use commercially reasonable efforts to keep your personal data secure at all times, please be aware that we cannot guarantee the security of information transmitted over the internet. You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using Chinwag Services. We recommend that you only use a secure, protected network to access and use the Chinwag Services.
11.1 We are particularly concerned that the privacy of children using our services is protected.
11.2 The Chinwag Services are not directed or aimed at children below the age of . If you are under  years old, please do not access or use the Chinwag Services.
11.3 Individuals who are  years or older but younger than 18 must obtain their parent or legal guardian’s consent before they access or use the Chinwag Services. If you are  years or older but younger than 18, by continuing to access and use the Chinwag Services, you confirm that you have obtained your parent or legal guardian’s consent and, in particular, their consent to the use of your personal data in the manner set out in this policy and the Cookies Policy.
12 IN THE EVENT OF MERGER, SALE OR BANKRUPCY
12.1 In the event that Chinwag Services are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.
12.2 In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
13 HOW USERS CAN CONTACT US
13.1 If you have any questions about this policy, please contact us at firstname.lastname@example.org.
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