PRIVACY POLICY

March 04, 2024

Btrfly S.E. is committed to protecting your privacy and complying with applicable data protection and privacy laws. This Privacy Policy ("Policy") is designed to help you to understand what kind of information we collect in connection with our mobile application BTRFLY (hereinafter referred to as "Application") and how we process and use such information. Throughout this Policy the term "personal data" means information relating to an identified or identifiable individual (i.e. a natural person).

"Btrfly S.E." or “controller” refers to Btrfly S.E., with its registered seat at Bajkalská 45G, 821 05 Bratislava, Slovak Republic, the company ID: 54184801 (also referred to as "we", "us", or "our"). You acknowledge that your personal data collected may be used in accordance with this Policy by and for one or more Btrfly S.E. group companies or other companies as the case may be, which will be regarded, individually or jointly, as data controllers in respect of your personal data if there is an agreement between you and such controller. If Application is transferred, assigned or passed to a new owner or operator, this new owner or operator will replace Btrfly S.E. as data controller.

This Policy applies to personal data collected in connection with Application or from other interactions with us where a link or other appropriate reference of incorporation to this Policy is made, for example, in connection with our other products, websites, applications and other types of services offered by Btrfly S.E. typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns.

Our products or services may also contain links to other companies websites and other third party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. Btrfly S.E. is not responsible for the privacy practices or contents of any such third party services.

Where a consent from you to the processing of personal data described in this Policy is required under the applicable law, such consent will be obtained by appropriate mechanism such as ticking a box stating your consent, choosing technical settings for Application, service or website, or other statement or conduct clearly indicating your acceptance to the processing, depending on the product, website, service or application you are using.

It is crucial that you understand how and why we collect, use and share your personal data when you install, access and use Application or when you otherwise interact with us, always in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter referred to as “GDPR”).

We have taken appropriate technical and organisational measures to protect the personal data retained by us against unauthorized access and misuse. Our security procedures are revised regularly and adapted to reflect technological progress.

  1. INFORMATION ABOUT YOU WE COLLECT
    2. 1.1.We collect information you directly provide to us while you install and use Application including your registration.

    This includes:

    1.1.1.First name (e.g. Thomas) - within registration process we collect your first name (you hereinafter also referred to as “Data Subject” in order to be able to:
    1.1.1.1.communicate with registered users about products, services, offers, promotions, and events,
    1.1.1.2.provide other news and information we think will be of users' interest, and also
    1.1.1.3.allow registered users to be known / identified while using Application.
    1.1.2. Age - within registration process we collect age of Data Subjects in order to enable other registered users to consider this information when deciding to start a communication with you through Application in accordance with a main purpose of the Application (seeking an appropriate partner and dating with him or her).
    1.1.3.Place of occurrence or interest - within registration process we collect age of Data Subjects in order to allow registered users to use functionality of Application enabling registered user to see other persons within respective place or to be seen by other registered users within respective place, area, city or region.
    1.1.4. E-mail address - within registration process we collect email address of Data Subjects in order to authenticate yourself and provide you information about Application, another products, services, offers, promotions, and events.
    1.1.5. Phone number - within registration process we collect phone number of Data Subjects in order to authenticate yourself and provide you information about Application, another products, services, offers, promotions, and events.
    1.1.6. Photos:
    1.1.6.1 Profile photo - within registration process we collect photo of Data Subjects, but such information about registered user (even other persons located on respective photo) could be based on Application functionality uploaded to the account of the registered user (profile photo); however, we reserve the right to remove the photo in question if its content is unethical, inappropriate or contrary to law.
    1.1.6.2 Photos for profile verification purposes - when using the Application, you can verify your identity, and for this verification of identity of Data Subjects who use Application, we need to collect and process your personal data – photos stipulated in point 1.1.6. The process of scanning of your face and taking of photos for verification purposes will begin after you have given your specific consent in Application.
    1.1.7. Other Information - in order to provide you and other registered users quality customer support and service, such as process your request, question, demand, requirement etc. and ensure other communication with our registered users, we may process other

    Information, such as:

    1.1.7.1 Device information, such as the device name, device identification code (IMEI, ESN, MEID, and SN), device activation time, hardware model, OS version, application version, software identification code, and device and application settings (such as region, language, time zone, and font size).
    1.1.7.2 Mobile network information, such as the public land mobile network (PLMN), provider ID and Internet Protocol (IP) address.
    1.1.7.3 Log information - when you use Application we automatically collect and log some information, such as the time of access, access count, IP address, and information about incidents (such as errors, crashes, restarts, and upgrades).
    1.1.7.4 Location information - we will collect, use, and process the approximate or precise location of your device; location information can be obtained based on the GPS, WLAN, Bluetooth and service provider network ID; you are free to choose if you want to enable gathering of Location information. Please note that simply by installation of the Application on your devices, Location information is not gathered from you. Location in formation are gathered solely on your decision to enable collection of Location information in the settings menu of the installed Application, In the same settings menu of the Application, you can disable the location permissions to reject sharing your Location information.
    1.2.We do not intend to process most of special categories of data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural person's sex life or sexual orientation, unless the individual has given explicit consent to the processing of such data (such as for profile verification purposes).
    1.3.Please note that collecting of personal data under section 1.1 is not automatic and comes into consideration only after they have been provided to us by the Data Subject in order to use the specific functionality of the Application. In the event that the Data Subject does not wish his or her personal data to be further processed, he or she is entitled to contact us at any time with an appropriate request to exercise any of the rights set out in section 8 of this Privacy Policy.
    1.4.Processing of personal data in section 1.1.6.2. is not a legal requirement. However, without given consent, it is not possible to process the personal data of Data Subjects, and therefore, neither to verify identity of Data Subjects.
    1.5.Processing of personal data in section 1.1 (except of data according to section 1.1.6.2) is necessary to become registered user. If the Data Subject does not provide their personal data, it is not possible for Data Subject to register and use the Application.
  2. HOW WE USE INFORMATION ABOUT YOU
    3. 2.1.We process personal data mentioned in section 1. about you for the following purposes and based on following legal ground:
    2.1.1.to allow the Data Subject to use Application and its functionalities chosen by registered user  [performance of a contract to which the data subject is party - legal basis according to the Article 6 (1) b) GDPR, even if we are not a contractual party of such contract]. This also includes verification of profiles where we need the related photos for verification of identity of Data Subject if you agree with such service; for this purpose we process the photos only if you gave us specific consent in the Application for this purpose [consent - legal basis according to the Article 9 (2) a) GDPR].
    2.1.2.to fulfil our obligations arising from the law [compliance with a legal obligation - legal basis according to the Article 6 (1) c) GDPR].
    2.1.3.establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity [our legitimate interests - legal basis according to the Article 6 (1) f) GDPR].
    2.1.4.to the extent of personal data pursuant to section 1.1 provide such personal data to third parties allowing them to carry out business activities [consent - legal basis according to the Article 6 (1) a) GDPR].
    2.2.We also process your information for our legitimate interests [legal basis according to the Article 6 (1) f) GDPR] and those of third parties while applying appropriate safeguards that protect your privacy. This means that we process your information for things like notably:
    2.2.1.to identify you as an individual or entity or in some cases to perform our knowledge of your procedures and checks;
    2.2.2.to maintain and improve Application;
    2.2.3.to measure performance;
    2.2.4.to communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you;
    2.2.5.to prevent or detect fraud;
    2.2.6.to protect against harm to the rights and freedoms of the physical persons, property or safety of Data Subjects, as required or permitted bylaw;
    2.2.7.to send you Application updates and installation notifications; 2.2.8. to synchronise, share, and store the data you have provided;
    2.2.8.to synchronise, share, and store the data you have provided;
    2.2.9.to process pursuant to laws and regulations, e.g. tax, authority requests.
    2.3.Our legitimate interest lies in conducting and managing our business and other abovementioned purposes. We consider and balance any potential (positive and negative) impact on you and your rights before we process your personal data for our legitimate interests to make sure that our interests are compelling enough. We will not use your personal data for activities where our interests will be overridden by the impact on you. We conducted and documented an internal legitimate interest assessment that determined: (i) our legitimate interests, (ii) that the processing is necessary for our legitimate interests; and (iii) that your interests and fundamental rights do not override those interests. You can obtain further information about how we assess our legitimate interests against any potential impact on you by contacting us at[support](at)[btrfly].[com].
    2.4.We may process and use your personal data for marketing. Marketing purposes may include using your personal data for personalized marketing or research purposes in accordance with applicable laws, for example, to conduct market research and to communicate our products, services or promotions to you via our own or third parties' electronic or other services. In addition, some of our products and services may be used to promote products and services of other companies. However, Btrfly S.E. does not disclose your personal data to such companies for their marketing purposes without your prior consent.
    2.5.We may process and use your personal data for profiling/personalization for such purposes as targeted direct marketing and improvement of our products or services. We may also create aggregate and statistical information based on your personal data. Profiling/personalization includes automated processing of your personal data for evaluating, analysing or predicting your personal preferences or interests in order to, for example, send you marketing messages concerning products or services best suitable for you.
    2.6.We will process the information that we collect about you during the term, which is necessary for the purposes for which such information is processed (i.e., within the period, when your user account is active, within the period required by the law or period necessary for the establishment, exercise or defence of legal claims, etc.). Specific for photos that was taken during profile verification we will process such photos only during the time we have a consent from you with such verification of the profile and 10 days after that.
    2.7.The provision of above specified personal data is voluntary, nevertheless in case you do not provide such information to us, we may not be able to provide you with functional Application.
  3. CONSENT ON PROCESSING YOUR PERSONAL DATA AND COOKIES
    4. Consent
    3.1.Consent is gathered within the installation process of Application whereas the provision of consent is not a condition of installation or further usage of Application.

    We assure you that only the active ticking of the consent box before the Application is installed is considered as freely given consent, otherwise we will not proceed to the processing of your personal data for the purposes stated below.

    Consent is gathered for the following purposes:

    3.1.1.disclosure of personal data of Data Subject to third parties (companies other than controller) for their marketing purposes (promotion of products and services of such companies) (“marketing of third parties”),
    3.1.2.use of cookies for the purposes stated within section 3.2 below,
    3.1.3.verification of identity of Data Subjects who use Application.

    For the purposes stated above following personal data will be processed:

    • Name
    • Age
    • Place of occurrence or interest
    • E-mail address
    • Phone number
    • Profile photo
    • Other information; see section 1.1.7 above
    • Photos for profile verification purposes

    You are always authorized to withdraw this consent at any time by sending withdrawal via preferred communication route under Clause 10. You can choose communication route that is most accessible to you. If preferred communication route is telephone, data subject shall send withdrawal jointly either by email or post.

    Cookies
    3.2.A cookie (also called web cookie, Internet cookie, or simply a cookie) is a small piece of data sent from Application and is stored in the user’s device while the user is using Application.

    We set third party cookies on behalf of companies that provide space for the display of advertising while using Application.

    We may use cookies to establish a relationship between devices or data pertaining to the same user. If we already have information about a device’s user, we may link the information stored in cookies to the device’s Ad ID.

    We use this information to facilitate the delivery of you targeted advertisements.

    You are always authorized to withdraw this consent at any time by sending withdrawal via preferred communication route under Clause 10. You can choose communication route that is most accessible to you. If preferred communication route is telephone, data subject shall send withdrawal jointly either by email or post.

  4. HOW WE SHARE INFORMATION
    5. 4.1.In certain specific cases we might use our business partners to perform certain services for us, however, generally these are standardized services and we bind our business partners with protection of your personal information according to this Policy.
    4.2.We might also share your information with the following categories of recipients such as:
    4.2.1.other registered users in accordance with a main purpose of the Application (seeking an appropriate partner and dating with him or her);
    4.2.2.our hosting provider;
    4.2.3.owners of media properties and other companies that send targeted advertising to consumers;
    4.2.4.data centres provided by third parties;
    4.2.5.other our vendors.

    The third persons according to the point 4.2.2, 4.2.3 and 4.2.4 are listed on the following link: Google LLC, Mountain View, Kalifornia, USA; Apple Inc., Cupertino, Kalifornia, USA; Meta Platforms, Inc., Menlo Park, Kalifornia, USA; Sentry, San Francisco, California, USA

    4.3.We will not share or give away any of our users’ personal information to third parties, unless one (or more) of the following circumstances applies:
    4.3.1.We may share information (and will attempt to provide you with prior notice, to the extent legally permissible) in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request;
    4.3.2.We may share information in response to an emergency if we believe it's necessary to prevent imminent and serious bodily harm to a person.
    4.4.We may share aggregated or anonymized information, which cannot be used to identify you, even if it is based on your personal data.
  5. TRANSFER TO OTHER COUNTRIES
    6. 5.1.Personal data of our users will be transferred, processed and stored on servers located in the EU. We may subcontract processing to, or share your information with, third parties located in countries other than your home country, but not third countries. In order for us to be able to provide you Application, you acknowledge that your personal data may be processed, transferred and stored in other countries, where you may not have the same rights as you do under your local law. Regardless of where your information is processed, we apply the same protection as described in this Policy.
  6. SECURITY
    7. 6.1.We take appropriate technical and organisational measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction.
    6.2.We take reasonable and feasible measures to ensure that the personal data collected is minimal and relevant to what is necessary in relation to the purposes for which they are processed. We retain your personal data for no longer than is necessary for the purposes stated in this Policy, unless extending the retention period is required or permitted by law.
    6.3.We are committed to protecting your personal data. Nevertheless, no security measure is perfect and no product, service, website, data transfer, computing system, or network connection is absolutely secure.
  7. AGE LIMIT
    8. 7.1.The Application is not intended or directed at individuals under the age of 16. We do not knowingly collect personal information from individuals under 16 (“the Age Limit”). If you are under the Age Limit, please do not use Application and do not provide any personal data to us.
  8. YOUR RIGHTS
    9. 8.1.You as a data subject (“the Data Subject” or “user”) have the right to request the access and rectification or erasure of personal data or restriction of processing or to object to processing as well as the right to data portability.
    8.2.Data Subject has a right to lodge a complaint with a respective supervisory authority (Office for personal data protection of the Slovak Republic, Hranicna 12, 820 07 Bratislava, Slovak Republic; statny.dozor@pdp.gov.sk).
    8.3.The right to rectification is the right of the Data Subject to obtain without undue delay the rectification of inaccurate personal data concerning him or her.
    8.4.The Data Subject shall have the right to receive the personal data concerning him or her, which he or she has provided to us, and have the right to transmit those data to another Controller, where technically feasible, where the processing is based on consent pursuant or on a contract and the processing is carried out by automated means.
    8.5.The Data Subject shall have the right to object, on grounds relating to his or her situation, at any time to processing of personal data concerning him or her which is based on Article 6 (1) e) and f) GDPR, including profiling based on those provisions.
    8.6.Where personal data are processed for direct marketing purposes, the Data Subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
    8.7.Subject to the respective statutory limitations set by the applicable law, the Data Subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
    8.8.The Data Subject has the right to access their data. Upon request, the Controller shall provide a confirmation of whether the Data Subject's personal data are being processed. If so, upon request, the Controller shall provide a copy of this personal data to the Data Subject.
    8.9.The provision of the first copy in accordance with section 8.8 shall be free of charge. For any further copies requested by the individual, the Controller shall charge a fee corresponding to the administrative costs incurred in providing the copy. If the person requests information via electronic means, it shall be provided in a commonly used electronic format, such as email, unless another method is requested.
    8.10.The Data Subject has the right to rectify inaccurate personal data held by the Controller. The Data Subject also has the right to complete incomplete personal data. The Controller shall rectify or complete the personal data without undue delay upon request by the Data Subject.
    8.11.The Data Subject has the right to erasure of personal data concerning them if:
    1. the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
    2. the Data Subject withdraws consent on which the processing is based, and there is no other legal ground for the processing;
    3. the Data Subject objects to the processing under section 8.19;
    4. the personal data have been unlawfully processed;
    5. erasure is necessary to comply with a legal obligation under the law of the Slovak Republic or EU law to which the Controller is subject, or
    6. the personal data have been collected in relation to the offer of information society services to a person under 16 years of age.
    8.12The exercise of the right to erasure is subject to respective limitations set by the applicable law.
    8.13The Data Subject shall not have the right to erasure of personal data if the processing is necessary for:
    1. exercising the right of freedom of expression and information;
    2. compliance with a legal obligation under the law of the Slovak Republic or EU law to which the Controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
    3. reasons of public interest in the area of public health;
    4. archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, where erasure is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
    5. the establishment, exercise, or defence of legal claims.
    8.14The Controller shall erase personal data of Data Subjects upon request without undue delay after evaluating that the request is justified.
    8.15The Data Subject has the right to restrict the processing of personal data if:
    1. they contest the accuracy of the personal data under paragraph 8.19, during a period allowing the Controller to verify the accuracy of the personal data;
    2. the processing is unlawful, and the Data Subject opposes the erasure of the personal data and requests the restriction of their use instead;
    3. the Controller no longer needs the personal data for the purposes of processing, but the Data Subject requires them for the establishment, exercise, or defence of legal claims;
    4. the Data Subject has objected to processing based on the legitimate interests of the Controller until verifying whether the legitimate grounds of the Controller override those of the Data Subject.
    8.16If the Data Subject requests a restriction on the processing of their personal data, the Controller shall refrain from any processing operations on such data, except for storage, without the consent of the Data Subject.
    8.17The Data Subject shall be informed by the Controller when the restriction of such data processing is lifted.
    8.18The Data Subject has the right to data portability, which means obtaining personal data provided to the Controller, and the right to transmit this data to another Controller in a commonly used and machine-readable format, provided the processing is based on the Data Subject's consent or a contract and is carried out by automated means.
    8.19The Data Subject has the right to object at any time to the processing of their personal data for reasons relating to their particular situation. The Data Subject may object to processing their personal data based on:
    1. the legal grounds for the performance of tasks carried out in the public interest or in the exercise of public authority vested in the Controller,
    2. processing of personal data for direct marketing purposes,
    3. processing for scientific or historical research purposes, or statistical purposes.
    8.20If the Data Subject objects to the processing of their personal data for direct marketing purposes under section 8.19 (b), the Controller may no longer process their personal data.
    8.21The Controller shall promptly assess the objection received. The Controller shall not further process personal data unless it demonstrates compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the Data Subject or for the establishment, exercise, or defence of legal claims.
    8.22The Data Subject has the right to withdraw consent to the processing of personal data at any time if the processing is based on this legal ground.
    8.23The Data Subject may withdraw their consent by contacting the responsible person in any chosen way with their request.
    8.24The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
    8.25The Data Subject acknowledges that the Controller has fulfilled the obligation to provide information in accordance with Article 13 of GDPR.
  9. CHANGES TO THE PRIVACY POLICY
    10. 9.1We may change this Policy from time to time. When we make material changes, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Application or by sending you an email. We encourage you to review the Policy whenever you access or use Application or otherwise interact with us to help protect your privacy.
  10. CONTACT US
    11. 10.1Questions or comments about this Policy may be directed to support@btrfly.com.

    Our Data Protection Officer is available at info@btrfly.com. You may address your comments and requests regarding the processing of personal data to that address.

Last updated: March 04, 2024.