Privacy Policy
Last Updated - January 26 2020

Privacy Policy

INTRODUCTION

Welcome to the Persona privacy notice. This policy describes the types of information Persona Media, Inc. (“Persona”) may collect from you or that you may provide when you use our mobile application (our "App") and the practices for collecting, using, maintaining, protecting and disclosing that information.

  1. IMPORTANT INFORMATION AND WHO WE ARE

    This privacy notice provides you with information on how Persona collects and processes your personal data through your use of this App, including any data you may provide through this App when you register for an account, sign up to our newsletter, purchase a product, or otherwise use our service

    It is our policy to post any changes we make to our privacy policy here with a notice that the privacy policy has been updated on the App. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the App. The date the privacy policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our App and this privacy policy to check for any changes.

    This App is not intended for children under the age of 13 and we do not knowingly collect data relating to children.

    f you have any questions about this privacy notice, please contact us at:

    Persona Media, Inc.
    info@personatalks.com

  2. THE DATA WE COLLECT ABOUT YOU

    We may collect Personal Information about you when you send such information to us or automatically when you use our App. “Personal Information” means any information about an individual from which that person can be identified. It does not include anonymous data or Aggregated Data.

    We may collect, use, store and transfer additional kinds of data about you which we have grouped together follows:

    • Identity Data includes first name, last name, username or similar identifier, and the like
    • Contact Data includes billing address, delivery address, email address and telephone numbers
    • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the App
    • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
    • Usage Data includes information about how you use our App, website, products and services.
    • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

    We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

    We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

    Where we need to collect personal data by law, or under the terms of a contract we have with you and you refuse to provide that data when requested, we may not be able to provide you with goods or services or otherwise fulfil a transaction with you. In this case, we may have to cancel the product or service you have ordered but we will notify you if this is the case at the time.

  3. HOW IS YOUR PERSONAL DATA COLLECTED?

    We use different methods to collect data from and about you including through:

    • Direct interactions. You may give us your Identity, Contact and other Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes data you provide when you:
      • create an account;
      • subscribe to our alerts;
      • request that information, discounts, or promotional material be sent to you;
      • enter a competition, promotion or survey;
      • send us an email or otherwise contact us; or
      • give us feedback.
    • Automated technologies or interactions. As you interact with our App, we may automatically collect Technical Data about your equipment, activities, and patterns. We collect this personal data by using cookies and other similar technologies.
  4. HOW WE USE YOUR PERSONAL DATA

    We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

    • To meet our legal obligations to you (for example, to fulfil an order.)
    • To register you as a new user.
    • To provide customer service to you.
    • To request that you review a product.
    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
    • Where we need to comply with a legal or regulatory obligation
    • To administer and protect our business and this App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
    • To provide you with content, services, or advertising that we think will be of interest to you.

    Marketing

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Residents of the European Union (“EU”) may have individual rights regarding the use of personal information for marketing. If you are in the EU, please see the additional information in Section 8 below. California residents may have different or additional rights, please see the NOTICE TO CALIFORNIA RESIDENTS in Section 9 below.

    Promotional Offers From Us

    We may use your Identity, Contact, Technical, Usage and Profile Data to offer products, services, or information that we think you may want or need, or that may be of interest to you.

    You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details and, in each case, you have not opted out of receiving that marketing.

    Opting Out

    You can ask us or third parties to stop sending you marketing emails at any time by Contacting us info@personatalks.com at any time.

    Sharing with Third Parties

    We require any third party with whom we share user data— such as analytics tools, advertising networks, and our parent, subsidiary or other related entities, if any, that will have access to user data — will provide the same or equal protection of user data as stated in this Privacy Policy.

  5. THIRD-PARTY LINKS

    This App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the privacy notice of every website you visit.

  6. DATA SECURITY

    We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App

    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  7. DATA RETENTION

    To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

    In some circumstances, you may have the right to ask us to delete your data.

    In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  8. RIGHTS OF EU RESIDENTS

    This Section 8 applies only to users who are accessing the App from the EU. Under certain circumstances, EU residents have rights under EU data protection laws in relation to their personal data. If you are an EU resident, you have the right to:

    • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
    • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
    • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

    If you wish to exercise any of the rights set out above, please contact us using the contact information in Section 1.

    No Fee Usually Required

    You will not have to pay a fee to access your personal data (or to exercise any of the other rights unless your request is clearly unfounded, repetitive or excessive, in which case we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

    What We May Need From You

    We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

    Time Limit To Respond

    We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

    International Transfers

    Whenever we transfer personal data out of the European Economic Area, we ensure that a similar degree of protection is afforded to it by implementing at least one of the following safeguards:

    • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission
    • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

    Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

  9. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

    This Section 9 applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) in compliance with the California Consumer Privacy Act of 2018 (CCPA). Capitalized terms used herein and not defined in the Privacy Policy have the same meaning as defined in the CCPA.

    Information We Collect

    Our App collects Personal Information, further defined in Section 2 and 3 above. For purposes of this Section 9, “Personal Information” also includes information that identifies or could reasonably be linked, directly or indirectly, with a particular consumer or device.

    Our App has collected the following categories of Personal Information from its consumers within the last twelve (12) months:

    Category Specific Fields
    A. Identifiers. First name, last name, email address, telephone number, email data, system usage data, location data (IP address), and other electronic data/UGC (, videos) submitted, stored, sent, or received by the Data Subjects.
    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). First name, last name, email address, telephone number, email data, system usage data, location data (IP address), and other electronic data/UGC (videos) submitted, stored, sent, or received by the consumers.
    Note: Some personal information included in this category may overlap with other categories.
    C. Protected classification characteristics under California or federal law. None
    D. Commercial information. None
    E. Biometric information. None
    F. Internet or other similar network activity. IP Address, system usage data, aggregated data.
    G. Geolocation data. None
    H. Sensory data. None
    I. Professional or employment- related information. None
    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). None
    K. Inferences drawn from other personal information. None

    For purposes of this Section 9, “Personal Information” does not include:

    • Publicly available information from government records.
    • Deidentified or aggregated consumer information
    • Information excluded from the CCPA’s scope, such as:
      • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
      • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

    We obtain the Personal Information listed above from directly from you when you submit it to us and indirectly from you (for example, through cookies or other tracking mechanisms.) For more information about how we collect your Personal Information, see Section 3 above.

    Use of Personal Information

    We may use or disclose the Personal Information we collect for the business purposes set forth in Section 4 above.

    Sharing Personal Information

    Persona does not sell or disclose your Personal Information to third parties for commercial purposes or otherwise except as set forth in Section 4 above.

    California Residents’ Individual Rights

    The CCPA provides California consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

    Access and Data Portability Rights

    California consumers have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

    • The categories of Personal Information we collected about you.
    • The categories of sources for the Personal Information we collected about you.
    • Our business or commercial purpose for collecting or selling that Personal Information.
    • The categories of third parties with whom we share that Personal Information.
    • The specific pieces of Personal Information we collected about you (also called a data portability request).
    • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

    Deletion Request Rights

    California residents have the right to request that Persona delete their Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

    We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity (including fraudulent user generated content such as product reviews), or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionalit
    • Exercise a right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

    Exercising Access, Data Portability, and Deletion Rights

    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at info@personatalks.com . Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

    We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

    Response Timing and Format

    We try to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

    Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Opt-Out and Opt-In Rights

    If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

    To exercise the right to opt-out, you (or your authorized representative) may submit a request to us at info@personatalks.com

    We will only use Personal Information provided in an opt-out request to review and comply with the request.

    Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. However, note that many features of our App, our products, or our services will not function without your Personal Information. Unless permitted by the CCPA, we will not:

    • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

    However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

    California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message at info@personatalks.com.