PicU PRIVACY POLICY

This privacy policy (“Privacy Policy”) applies to the use of PicU in its entirety, including all of our subpages, associated sites or pages (“Website”), and the PicU mobile and web app, which is accessible through browser on your mobile phone, tablet computer and personal computer (“App”) (collectively, “PicU”), are operated by [Nextouch INC, 475 S GRAND CENTRAL PKWY LAS VEGAS, NV] (“we”, “us”, “our”).

This Privacy Policy outlines how we process your Personal Data both in connection with PicU and otherwise. The Website includes links to third-party websites, such as social networks. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of those third-party websites.

We are committed to protecting your privacy and handling your Personal Data in accordance with applicable laws and regulations. To achieve this, we adhere to the principles of data minimization and purpose limitation. We will only collect and process personal information that is necessary for the specific purposes stated in this policy. Your data will not be used for any purpose other than those disclosed and we will only retain it for as long as required to fulfill these purposes or requests under applicable law.

We also prioritize transparency and respect for your privacy choices. You have the right to access, correct, or delete your personal data held by us. Your privacy is important to us, and we are committed to maintaining the highest standards of data protection and user control in order to make PicU a service that people love and trust.

What Personal Data do we collect

Some of the personal data we collect is mandatory for the provision and functioning of PicU, while other personal data is considered optional, designed to enhance your user experience. Please be aware that without providing the mandatory personal data, we won't be able to grant you access to PicU.

A. When visiting the Website and/or App

When you visit the Website or App, we can process the following categories of Personal Data from you:

Technical Data: IP address, operating system, date and time of access, country from which PicU is accessed, browser type, referrer URL, log-in data, and device type;
Tracking Data: See Article 5 below.

B. When creating an account

When you create your PicU account, you voluntarily provide us with certain information. In this way, we can process the following categories of your Personal Data, which are either mandatory or optional for creating account and using PicU:

Mandatory:

Gender (man, woman or non-binary);
Sexual orientation (heterosexual, bisexual, lesbian, gay, queer or asexual);
Account data, including User ID.

Optional:

Email address (see Article 8 of the Agreement);
Identity data, details about your add (personal description, age, height);
Sexual and other preferences (turn-ons).

C. When using PicU

When you use PicU, you voluntarily provide us with certain information. When you add information to your user profile, interact with us or other users, you make the choice to share your certain personal information with us. In this manner, we can process the following categories of your Personal Data, some of which are optional, while others are mandatory to enable you to use PicU to its fullest potential and enhance your overall experience.

Optional:

Location data, including geographical position, time identifier;

PicU is designed to help you engage with other users located nearby to you. We use your location data (e.g., by using the GPS on your mobile device) to enable the intended functionality of PicU. This will be enabled only if you explicitly give us permission to access your location. You can disable this at any given time by changing the location permissions on your device or in the browser. Please keep in mind that when you use PicU, other users can view your location data and they may use it for purposes you did not intend, or disclose it to individuals or entities outside of our control and without our and your knowledge. The information you provide may be subject to abuse, misuse, and monitoring by others, and you share this information at your own risk.

Transactional data, including information about the application process, contract content, contract management and execution;
Financial data, including billing and payment information;
Pictures, videos, audio and text messages sent when communicating with others (i.e. user's content and material that have been submitted in the chat conversations, collectively “User Submissions”) are processed in order to secure and operate services and keep our user community safe;
Pictures and videos that you upload, publish or provide in any other way. In order to add this kind of content, you first have to give us permission to access your photo album/gallery and/or your camera;
Information about the images (e.g. metadata), such as the location of a photo and device information. If users choose to share images on PicU and use them in their ads, they also consent to the sharing of metadata related to those images. This serves as a tool for the moderation process, aimed at preventing potential scams and other fraudulent activities. In our commitment to prioritizing users’ privacy, the collected location data is approximate and generalized rather than precise. It is important to note that this data is used solely for moderation purposes and is treated with the utmost confidentiality and security.;
Usage data, including activity data, online interactions with us and with other users;
Sexual identity data, including sexual orientation and other sexual preferences (turn-ons and types of connections you prefer);
Your insights into our products and services, responses and testimonials your provide us when you participate in surveys, market studies or answering questions;
Information that is used for participation in different contests, events and promotions we provide;
If you contact our customer support team, we collect the information you give us during the interaction;
Photographic image of you and your form of identification that can confirm the date of your birth when appealing our decision to revoke your license, authorization to access and/or use PicU and terminate your account for failure to comply with our rules on minimum required age.

D. Personal data we received from third parties

We receive most of your Personal Data directly from you. To the extent permitted by applicable law, we can also obtain your Personal Data from publicly available sources or from public authorities and other third parties (e.g., service partners, internet analysis services).

When signing in to this app using your Apple ID, you give permission to Apple to share your Apple login, name, and email address with this app. Apple provides the option to hide your email address, allowing you to keep it private while still receiving messages from the app. To enable this, Apple will generate a random email address and link it to your this app account, ensuring the privacy of your personal email.
If you choose to sign in to this app with your Google Account, you give permission to Google to share your name, email address, language preference, and other relevant information with this app.

The data collected from these third-party services will be used to create and maintain your this app account. If you wish to withdraw your permission for this app to access the aforementioned data, you can do so by removing the this app from your Google account or Apple ID. However, please note that data provided during the setup of your account using these third-party services will still be accessible to this app, even after you revoke permission on these platforms. To completely remove our access to this data, you will need to delete your this app account.

For more information on your rights and options for protecting your privacy, please refer to the privacy notices of the respective providers.

How do we use your Personal Data

We use your Personal Data to provide you products, offer you services, communicate with you, or to conduct other business operations, such as using data to improve and personalize your experience. Examples of how we may use the personal data we collect include:

Business relationships: We utilize transactional data, financial data, User Submissions and others for establishing, administrating, and processing contractual relationships, including the creation and management of a user account to enable you to fully utilize PicU.
Ensuring the core functionality of the business and PicU: We use location data, including geographical position, time identifier, identity data, sexual identity data, including sexual orientation, sexual preferences and others to ensure the core functionality of the business and PicU, which encompasses maintenance, provision, improvement, monitoring, and geographically locating you relative to other users on PicU.
Security and access control: Location data, including geographical position, time identifier, usage data, activity data, account data and others are used for monitoring, analyzing, and testing of networks and IT infrastructures, system and error checks, documentation, security copies, and communication of security updates;
Market and opinion research: We use usage data, activity data, your insights, responses, testimonials, interactions and others for monitoring and analyzing your use of PicU, using statistical data for scientific and analysis purposes, further developing the offers we provide on PicU, administering focus groups, determining user demographics, and conducting market studies and surveys;
For the purpose of Advertising and marketing, including promotional offers, events, and contests, we mainly utilize your insights and information used for participation in different contests, events, and promotions we provide;
Compliance with laws and regulatory recommendations and directives: Know your customer (KYC) clarifications, fulfillment of disclosure, information and reporting obligations, fulfillment of archiving obligations, and the prevention, detection, and clarification of criminal acts;
Safeguarding legal claims: Assertion, enforcement, and defense of legal claims, and
Other: For any other purpose with your consent.

Recipients of Personal Data

In particular, we may disclose your Personal Data to the following categories of recipients:

Service providers: We work with trusted service providers that process your Personal Data on our behalf or under joint responsibility (e.g., providers of telecommunications systems, email, database, hosting, outsourcing, payment, user verification, advertising, marketing, analytics, anti-spam, anti-fraud services). These service providers may also use your Personal Data for their own purposes. Service providers provide information about their independent data processing in their own privacy statements.
Buyers or merger partners: In connection with an actual or potential restructuring of part or all of our business or our assets or any rights or interests therein, we may disclose your Personal Data to potential buyers or merger partners or sellers and their advisors.
Government agencies: We may disclose your Personal Data to governmental agencies, courts, and other authorities, both domestic and foreign, if we are legally obligated or entitled to do so or if we deem it necessary to do so in order to protect our interests.

This disclosure aligns with our commitment to transparency, in accordance with relevant data protection laws and regulations.

Cookies, web beacons, and other technologies

We utilize various technologies, including cookies, web beacons, and similar tools (collectively referred to as "Technologies"), to gather personal data.

What are cookies, web beacons, and other technologies?

Cookies are small text files that websites place on your device's browser. They consist of a string of alphanumeric characters that can uniquely identify your device and may contain additional information. When your browser connects to a web server within the same domain as the cookie, the server can read the cookie, enabling it to recognize your browser over time.

Web beacons, also known as single-pixel or clear GIFs, are electronic images embedded within a website. When your browser loads a webpage containing a web beacon, it connects to the web server hosting the image, often operated by a third party. This allows the server to gather information about your device and set or read its own cookies. Similarly, third-party content on a website, such as embedded videos, plug-ins, or ads, triggers your browser to connect to the third-party server hosting that content.

Mobile apps may include software that allows app providers to access information about you and your device as it relates to the use of the apps.

How do we and our partners use cookies, web beacons, and other technologies?

We, along with our third-party partners and service providers, employ Technologies across our services, including websites and apps, to collect personal data. This may involve the collection of personal data related to your online activities across different websites or online services over time. We utilize this information for various purposes, such as storing your preferences and settings, facilitating sign-ins, analyzing the performance of our websites and apps, tracking your interactions with our sites or apps, generating insights, delivering and customizing interest-based advertising, combating fraud, and fulfilling other legitimate objectives. We may also share the information we collect or infer with third parties for these purposes.

Data Transfers to Third Countries

We may transfer your Personal Data abroad to our business partners located in third countries, specializing in Analytics, Data Processing, Business Operations and Data Integration, Content Moderation, Marketing, and App Tracking.

To safeguard your data privacy rights when transferring your personal data to third countries, including those where adequate data protection might not be guaranteed, we use tools such as Standard Contractual Clauses (SCCs) - approved by the European Commission and other relevant data protection authorities, Binding Corporate Rules (BCR) and other appropriate mechanism that ensure the personal data transfer complies with applicable laws and regulations. These mechanisms are designed to provide a legal framework for the protection of your personal data during international transfers and demonstrate our commitment to maintaining the highest standards of data protection.

In addition, we ensure that the personal data transfer complies with applicable law, aiming to give your personal data the same level of protection as it has in the European Union and in Switzerland. We carefully assess whether the transfer is based on an adequacy decision, which, as a point of clarification, is an official determination by the European Commission regarding the adequacy of data protection in the third country. Such a determination can simplify data transfers to certain countries.

Data retention and Security

We adhere to the principle of retaining your Personal Data only for the duration necessary to fulfill the original purpose for which it was collected, or as mandated by applicable laws, regulations, or contractual obligations.

We have implemented appropriate technical and organizational measures to safeguard your Personal Data against loss, misuse, or unauthorized alteration. Our employees and contracted service providers are bound by confidentiality obligations and are required to adhere to data protection laws.

While we strive to maintain the highest level of security, it is important to note that no system can provide absolute security. We cannot guarantee the complete confidentiality or security of data transmitted over open networks such as the Internet or email services. Any Personal Data shared with us through these channels may be vulnerable to unauthorized access. Please exercise caution when transmitting sensitive information and be aware that such data may not receive the same level of security as within the confines of this app.

Your rights

(a) a right to request access to your data: you can ask us what personal information of yours is being processed, as well as for clarifications on the information described above, i.e., purpose of collecting and processing, period of processing, third parties that have access to information. To exercise this right, please contact us at contactus@pic-u.com;

(b) a right to request us to rectify your personal information: you can ask all the inaccurate personal information concerning you been corrected. You can also complete the personal information if you feel there is a need to do so. To exercise this right, please contact us at contactus@pic-u.com or use a specific area of your profile. Additionally, we are happy to note that there is the alternative way to amend your data. You control your PicU profile, so are able to correct or update (other than your mobile number and location (the latter is automatically updated)) your information at any time by just logging in to PicU and using the respective settings;

(c) a right to request us to erase personal information: you can request us to erase such data in the following circumstances: (i) where you believe it is no longer necessary for us to hold that personal data, (ii) where we process it on the basis of your consent and you wish to withdraw your consent, (iii) where we process your personal data on the basis of our legitimate interest and you object to such processing, (iv) where you no longer wish us to use your personal data to solicit you commercially, or (v) where you believe that we are unlawfully processing your personal data. In most cases we will erase it ourselves, unless otherwise required by legislation. To exercise this right, please contact us at contactus@pic-u.com;

(d) a right to request us to restrict the processing of your data: for example, (i) if you contest the accuracy of your data being processed or, (ii) if the processing is unlawful and you object to its deletion and request the restriction of its use instead, (iii) if you believe that we no longer need your data but it is still necessary for the establishment, exercise or defense of legal claims, or (iv) if you have objected to the processing of the data we hold about you. To exercise the right, please contact us at contactus@pic-u.com. Additionally, we are happy to note that there is an alternative way to exercise your right toward geolocation data by yourself. If you have location services enabled, but you desire to turn them off, you can do so by taking the following steps: iPhone App -Settings, Privacy, Location services, PicU; or Android App-Settings, Location, PicU, Permissions, Location;

(e) the right to object to the processing of your personal data: you have the right to object to the processing of your personal data by our services and we will consider your request. To this purpose, please provide us with details of your reasoning so that we can assess whether there is a legitimate and compelling reason for us to continue processing the data or whether we need to process it for the exercise or defense of our legal rights.

(f) a right to withdraw your consent for the collection and processing of your data by us: you can revoke your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. To exercise the right, please contact us at contactus@pic-u.com.

(g) a right to lodge a complaint with supervisory authority: if you are a UK resident, you have the right to complain to the Information Commissioner’s Office (ICO) whether you have any grievance against the way we collect, use or share your data;

(h) a right to data portability: you may request to receive the data we hold about you in a structured, commonly used and machine-readable format, and the right to request that we transfer such data to another party (i) if the processing is necessary for the performance of the contract or (ii) if the processing is based on your consent and where the processing is carried out using automated processes. To exercise the right, please contact us at contactus@pic-u.com.

(i) The right to give post-mortem instructions: you have the right to set out instructions for the retention, deletion and disclosure of your data after your death.

Please note that the above-mentioned rights are not absolute. These rights are subject to exceptions and their applicability is largely dependent on the legal basis we rely on in each case and the various circumstances of each specific request.

We will provide information on action taken on your request related to your rights specified above within one month of receipt of the request, at the longest. That period may be extended by two additional months if we are overwhelmed by the number of requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.

If you are a California resident, California law may provide you with additional rights regarding the Company’s use of your personal information. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal data by us to third parties for the third parties’ direct marketing purposes. Further, if you are a California resident and would like to opt out from the disclosure of your personal data to any third party for their direct marketing purposes, please send an email to the email contact listed below. However, please know we do not currently disclose your personal data to any third party for their direct marketing purposes. If you opt out from permitting your personal data to be shared, you may still receive selected offers directly from us in accordance with California law.

Children's policy

Users who are not at least 18 years old or older when explicitly required by applicable state laws (referred to as “minor/s” hereafter) are not permitted to use PicU. We do not knowingly collect Personal Data from minors.

We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children not to use PicU and thus not to provide Personal Data on PicU. If you have reason to believe that a minor has provided Personal Data to us, please contact us immediately and we will endeavor to delete that data from our databases.

Changes to this Privacy Policy

We may update or modify this Policy periodically to align with changes in our business, technological advancements, and applicable laws and regulations. If any changes are made to this Policy, we will notify you of the updated version through this webpage, by posting it on our official website, or by sending you separate notifications.

We encourage you to regularly visit this webpage and review the notifications we send you to stay informed about the latest updates to this Privacy Policy. Please note that while this Privacy Policy may be modified, we will not diminish your rights under this Policy without obtaining your explicit consent.

In accordance with relevant laws, we will seek your explicit consent again before collecting additional personal information from you or using/disclosing your personal information for new purposes. By continuing to use our Service on the website, mobile, or any other device, you signify your agreement to the updated Privacy Policy.

Contact us

If you wish to exercise any of your rights or if you have any feedback, comments, or questions regarding data protection or our Privacy Policy, we encourage you to reach out to us. You can contact us via email at contactus@pic-u.com. For by sending a letter to the postal address provided as an alternative option.

Effective date: September 9th, 2024