Effective as of Mar 11, 2019
This Privacy Policy explains how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the LAVAQUA Platform.
When you encounter an undefined term in this Privacy Policy (such as "Country of Residence", "LAVAQUA Platform”), it has the same definition as in our Terms of Use.
When this policy mentions “LAVAQUA”, “we,” “us,” or “our,” it refers to the LAVAQUA company that is responsible for your information under this Privacy Policy (the “Data Controller”).
For now, whatever is your "Country of Residence", the Data Controller is LAVAQUA INC.
If you change your "Country of Residence", the Data Controller will be determined by your new Country of Residence as specified above, from the date on which your "Country of Residence" changes.
Should, and when a change happens, the Data Controller that originally collected your personal information will need to transfer such personal information to the new applicable Data Controller, due to the fact that such transfer is necessary for the performance of the contractual relationship with you.
1.
What Information We Collect
There are three general categories of information we collect.
1.1.
Information You Give to Us.
1.1.1. Information that is necessary for the use of the LAVAQUA Platform.
LAVAQUA, may ask for and collect any of the personal information about you when you use the LAVAQUA Platform.
This information is necessary to do best-effort to provide you the requested services, and to allow us to comply with our legal obligations.
Account Information.
After your credentials are created for a LAVAQUA Account, we require you to upload a photograph of your self ("selfie").
You MUST only upload a photo of yourself taken in real-time, and not of someone else.
LAVAQUA may, ask for further verification such as to provide a formal governement identity document.
LAVAQUA promises to do a best-effort attempt to resolving such situation.
However, you can be banned (and/or their/the device), from creating another account with LAVAQUA, if your photo is used by another device, and has not been linked timely to your account.
i.e. do not allow anyone to take your photo, and create a LAVAQUA account with your photo. Device(s) that are not linked in the same account, and found to be using the same/similar photo, will be put on hold, until verification is completed, and the real owner is determined.
Changing, your picture, also helps other users recognize you easier.
Verified accounts may be benefited, for example being promoted in people-discovery or given a badge.
To use the LAVAQUA Platform, LAVAQUA does not ask your first/last name, birthdate or address.
Should for verification purposes, this information be collected, it will never become public.
To protect your privacy, if a feature to be used requires any of your personal information, other than your avatar, to become public, your explicit concent will be requested for that information.
You assert that, by using LAVAQUA Platform, that you are of legal age in the jurisdiction as determined by your "Country of Residence" of your account, with the LAVAQUA Platform, per the
Terms of Use Section 4.4.
Profile and Listing Information.
To use certain features of the LAVAQUA Platform, we may ask you to provide additional information, which may include your address, phone number, e-mail, first/last name, and government document of your identity, and proof of your address.
Identity Verification Information.
To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
Payment Information.
To use certain features of the LAVAQUA Platform (such as creating a public page, pay for an ad-listing, buy merchandice, or turn-off advertisements, ...), we may require you to provide certain financial information (like your bank account or credit card information) for the processing of payments.
Communications with LAVAQUA and other Members.
When you communicate with LAVAQUA or use the LAVAQUA Platform to communicate with other Members, we may collect meta-data about your communication.
The contents of the communication remain end-to-end encrypted, and can only be read by the original sender and recipient(s).
1.1.2.
Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using LAVAQUA Platform. This additional information will be processed based on your consent.
Additional Profile Information.
If supported by the LAVAQUA Platform, you may choose to provide additional information as part of your LAVAQUA profile (such as gender, preferred language(s), interests, and a personal description).
Some of this information as indicated in your Account settings is part of your profile page, and may become visible to others based on the interaction level with other users, and accordingly to functionality you are interacting with.
Address Book Contact Information.
You may be provided the capability to import your address book contacts or enter your contacts’ information manually to access certain features of the LAVAQUA Platform, like inviting them to use LAVAQUA.
Other Information.
You may otherwise provide us information optionally when you use functionality/features of LAVAQUA Platform.
For example when you update or add information to your LAVAQUA Account, or search.
1.2.
Automatically Collected Information (from Your Use of the LAVAQUA Platform)
For the performance of the contract between you and us, to enable us to comply with legal obligations and to provide/improve the LAVAQUA Platform based on our legitimate goal(s), we may automatically collect information, when you use the LAVAQUA Platform, about your usage of services.
Geo-location Information.
When you use certain features of the LAVAQUA Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS, and/or other means, to offer you the intented user-experience.
Should you, at time from time, want to be certain LAVAQUA can not determine your location, you can choose to control/disable the use of location-services from your device settings. LAVAQUA will automatically resume geo-casting, the next time you enable your device's location-services.
By default and to make the experience of LAVAQUA possible, we may also collect this information, including but not limited to, when the application is not in the foreground, assuming the mechanism used to collect this information is not blocked by the device settings (network connection, sensors, operating-system power/background optimizations).
For more information, read "How we use information we collect".
Usage Information.
We may collect information about your interactions with the LAVAQUA Platform, such as the pages or content you view, and other actions on the LAVAQUA Platform.
Log Data and Device Information.
We may collect log data and device information when you access and use the LAVAQUA Platform, even if you have not created an LAVAQUA Account or signed in.
Including but not limited to, details your usage of the LAVAQUA Platform, IP address, access dates and times, software/hardware/device information, unique identifiers, crash data, cookie data, and endpoint(s) usage.
Cookies
We may use cookies and other technologies (mobile identifiers, pixels, ...). We may need to allow our business partners to use these, or other tracking technologies on the LAVAQUA Platform, that provide us services, e.g. web analytics.
Payment Transaction Information.
We currently do not provide purchasable items or subscriptions throught payments, and as such we don't ask your or collect any payment information.
1.3.
Information We Collect from Third Parties.
LAVAQUA may collect information that others provide about you when they use the LAVAQUA Platform, or obtain information from other sources and combine that with information we collect through the LAVAQUA Platform.
Any inquery regarding how third parties process your personal data, should be directed to such third parties.
Third Party Services.
LAVAQUA currently DOES NOT provide a mechanism to sign-up to the LAVAQUA Platform or link, connect, login to your LAVAQUA Account with another third party service (e.g. Google) and as such we do not have information about your registration and profile information from these service(s).
Background Information.
Depending on your jurisdiction, to the extend permitted by applicable law, and with consent when required, we may obtain/check reports from records of criminal convictions or sex offender registrations.
Other Sources.
For our legitimate goals, and to the extent permitted by applicable law,
we may receive information about you from third party service providers and/or partners. For example for the purposes of fraud detection.
2.
How we use information we collect
To do a best-effort to, develop the LAVAQUA Platform, build an ever improving trusted and safer environment and comply with our legal obligations, we use, store, and process information, about you.
LAVAQUA makes significant effort to ensure the data is securely transferred with best-practices, between our servers, and between any device(s) linked to your account.
2.1.
Developing the LAVAQUA Platform.
2.1.1. Enable you to access and use the LAVAQUA Platform.
2.1.2. Enable you to network and communicate with other Members.
2.1.3. Operate, protect, improve, and optimize the LAVAQUA Platform and experience.
2.1.4. Provide customer service/support, including messages, updates, security alerts, and notifications.
2.1.6. If/When you provide us with your contacts’ information, we may process this information for fraud detection and prevention, and for any purpose you authorize at the time of collection. We will never send invitations without your explicit consent.
2.2.
Build an ever improving Trusted and Safer Environment.
2.2.1. Detect and prevent fraud, abuse, security incidents, and other suspicious activity.
Access to the LAVAQUA Platform, may be restricted or suspended, automatically when our detection systems are trigerred.
2.2.2. Do security investigations and risk assessments.
2.2.3. To perform checks against databases and other information sources, including background/police checks,
to the extent permitted by applicable laws and with your consent where required.
2.2.4. To comply with our legal obligations.
2.2.5. Enforce our Terms of Use and other policies.
Perform profiling, in conjuction with the aforementioned, and based on your usage of the LAVAQUA Platform, and any information obtained from third parties.
2.3.
Personalize, Measure, and Improve our Advertising and Marketing.
Run/Operate/Manage marketing communications, surveys, contests/rewards, or other promotions/activities/campaigns/events sponsored/managed by LAVAQUA or its third party partners.
Personalize, measure, and improve our advertising.
You can opt-out of receiving marketing communications by unsubcribing (e.g. by changing your notification settings in your LAVAQUA Account).
3.
Sharing, Social-Gestures, Geo-Cast & Disclosure
3.1.
With Your Consent.
To provide the functionality/services, your consent, and as explained at the time of the consent, we share your information, including personal information.
3.2. Sharing, Networking (Social Gestures, ...), Geo-Cast
When geo-cast-ing, to ensure your privacy, LAVAQUA Platform, does not disclose your profile's picture(s), except your avatar (by default your most recent photograph), which may be adjusted to be only to a size smaller than the original-size.
To the recipient, you share/network with, for example when a social gesture is sent or replied to, your profile id and its content, will be disclosed and become available for the recipient to view, including the larger-size (which can not be larger than the original-size) pictures.
4.
Your Rights
You may exercise any of the rights described in this section before your applicable LAVAQUA Data Controller by sending an email to the Data Protection Officer, dpo@lavaqua.com.
Before moving forward with your request, we reserve the right to ask you to verify your identity.
4.1.
Data/Information Management
4.1.1.
Retention And Erasure
LAVAQUA will erase any collected geo-data as soon as the data/information is not useful for the provision/improvement of the service, and for the performance of the contract between you and us and to comply with our legal obligations.
When you don't want to your location to be disclosed neither to the LAVAQUA Platform, nor to other Members, we encourage you to pause LAVAQUA geo-casting, instead of relying on erasure.
Pausing LAVAQUA is not enough to prevent other applications that may be installed on your device from collecting this information, so, it may be preferable in such case to temporarily disable location services on your device.
Until the time the data/information is erased, LAVAQUA stores any collected data encrypted-at-rest.
Even if you request the erasure of your personal information:
- Some of your personal information may be ratained as necessary for our legitimate business/legal obligations/goals, such as fraud detection and prevention, and improving safety.
For example, if we suspend an LAVAQUA Account for fraud or safety reasons, we may retain certain information from that LAVAQUA Account to prevent that Member from opening a new LAVAQUA Account in the future.
- Information you have shared with others may continue to be publicly available on the LAVAQUA Platform, even after your LAVAQUA Account is cancelled.
- To achieve our goal in protecting LAVAQUA Platform from accidental/malicious loss/destruction, some copies of your data/information may not be removed from backup systems immediately.
4.1.2.
Manage, Data Access And Portability
LAVAQUA allows you to manage the data linked to your LAVAQUA Account, in-app, to view or request copies/erasure of said data (https://lavaqua.com/help/account/data, https://lavaqua.com/help/account/security/delete). The execution time-frame of such requests execution is best-effort, and can vary; instant execution is not guaranteed.
4.1.3.
Archive
LAVAQUA may archive version(s) of this information/data, disassociated from personal identifiers, and can use them for any purpose, including new or derivative works and analytic purposes.
4.2.
Information Processing
4.2.1.
Objection
Some jurisdictions, may grant you the right to prevent LAVAQUA from processing your personal information in some cases.
Unless processing is for legitimate reason(s), or it is required for the establishment, exercise/defence of legal claims, then upon your objection, LAVAQUA will not continue processing of your personal information for said purposes.
Where your personal information is processed for direct marketing purposes, you may, at any time contact LAVAQUA (dpo@lavaqua.com) to stop/pause any processing of your data for said purposes.
4.2.2.
Withdrawal of Consent
You may withdraw any granted consent, to the processing of your personal information by LAVAQUA, at any time by configuring your Account settings.
Processing based on such consent before its withdrawal, is not affected by its future withdrawal.
4.2.3.
Update/Fix
If you identify a problem with the data we have about you, please file a request for an information update with dpo@lavaqua.com.
4.2.4.
File Complaint
You have the right to file a complaint about the data processing by LAVAQUA, with the competent data protection authorities.
4.2.5.
Data Storage
We do best-effort to store personal data/information in data-centers that are under the same jurisdiction with your "Country of Residence". For example, for EEA/EU citizen(s), this may be any country within EU.
5.
Global Operations
We may transfer, store, and process your information within our corporate tree or with service providers based in Europe, India, North/South America, and Asia Pacific.
The laws applicable to your "Country of Residence" may differ from Laws in these countries.
6.
Security
6.1.
Security Practices
We promise to do best-effort (relative to our availalable operation resources) to ensure the use of the best security-practices.
If you become aware or suspect of that your LAVAQUA Account Credentials have been stolen, or compromised or unauthorized use of your LAVAQUA Account, please contact us, per
paragraph 8.
6.2.
Security Incidents
In the event of a data breach or exposure of your personal data to unauthorized individuals, LAVAQUA will notify you in-app or at the email address you may have provided to us.
7.
Privacy Policy Changes
LAVAQUA reserves the right, in its sole discretion, to modify this Privacy Policy at any time.
If changes are made to this Privacy Policy, the updated Privacy Policy will be published on the LAVAQUA Platform with an updated "Effective as" date.
If you disagree with the updated Privacy Policy, you may request to delete your Account.
By continuing to access or use of the LAVAQUA Platform, after the effective date, you accept the changes and will be subject to the updated Privacy Policy.
8. Contact Us
If you have any questions about this Privacy Policy or LAVAQUA's information handling practices, please contact us at policy@lavaqua.com.