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Privacy policy

the white rabbit in lisbon

Privacy Policy
Last updated: April 1,2021
INTRODUCTION
imercita is a mobile app for city immersive stories. With imercita, users play some mission-like tours called experiences through solving clues for discovering new places and stories. Each experience lasts on average 2 hours to play and can be explored both outdoors and indoors. Our mission is to transform every place into a game, by promoting local heritage, sharing unique stories and supporting local communities (the “Services”).
The protection of your privacy and personal data is one of our main concerns. This Privacy Policy will inform you as to how we look after your personal data, tell you about your privacy rights and how the law protects you when you visit our website at www.imercitaapp.com (the “Website”) and when you use our mobile application (the “App”). Together our site and application are known as our “Platforms”).
If you continue to use our platforms, you agree with our policy and terms of use.
WHO WE ARE
In relation to the provision of our Services, imercita is the controller and responsible for the safety of your personal data (“imercita”, “we”, “us” or “our” in this Privacy Policy).
If you have any questions regarding this Privacy Policy, including any requests to exercise your legal rights set out below, please contact us by using the following details:
imercita Global S.R.L.
Registered address: 20 Stejarului Street, Cisnadie, Sibiu County, 555300 Romania. Trade Registry No.: J32/96/2017 Sole Registration No.: 36999501 E-mail: hello@imercita.com
PERSONAL DATA WE COLLECT
Personal data, or personal information, means any information regarding an individual which can lead to his or her identification.
In order to provide the Services, we may collect, use, store and transfer different kinds of personal data about you, as follows:
Identity data includes first and last name and profile picture (when you log in with Facebook or Google accounts); Contact data includes email address and phone number; Financial data includes card numbers, bank account details and/or other billing details; please note that Financial data is not collected and/or stored by imercita but by our payment services provider whose own terms and conditions and privacy policy are applicable; you can access them upon request; Transaction data includes details about payments from you and other details of Services you have purchased from us; Technical data includes internet protocol (IP) address, your login data, device type, 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 Platforms; Profile data includes your unique username, actions or transactions made by you on the Platform, preferences, feedback, survey responses and other correspondence; Usage data includes information about how you use our Website, Platform and Services; Marketing and communications data includes your preferences in receiving marketing from us, and your communication preferences. 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.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide the Services to you). In this case, we may have to cancel the delivery of the Service but we will notify you if this is the case at the time.
HOW WE USE YOUR DATA
We collect, use, transfer and store your personal data in accordance with the applicable laws and this Policy. Most frequently, we will use your personal data (i) where we need to perform the contract we are about to enter into or have entered into with you, (ii) 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 and (iii) where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to your location and in order to send you direct marketing communications to you via email. You have the right to withdraw consent with regard to the processing of location data and the processing of data for marketing purposes by accessing the Settings section of the Application.
Your data may be used for one ore more of the following purposes:
4.1. For specific purposes
If you send us your data for a specific purpose, we will use such data in order to achieve said purpose. For instance, if you send us an e-mail, we will use the contact data you provide us to answer your inquiry.
4.2. To register you as a new user
We will use your identity and contact details to perform the contract we are about to enter into or have entered into with you.
4.3. To provide the Services to you
We will use your data to perform the contract, comply with legal obligations, and for fraud prevention purposes. For instance, your profile, technical and usage data will be used to provide the Services (e.g., to provide access to experience creators section of our Website, save your progress during experiences, to select the winners of sponsored experiences), and for customer support. Your identity data or username will be available to other users of the Application.
Your location data will be used for delivering relevant information inside the tour. Our technology is based on geo fencing and notification to user based on their location. We track users location to navigate the user to specific destinations inside the tour. The user receives notification and guidance based on their accurate location. For this reason, we need to track the user's location and deliver information about their locations as they are guided through tours.
The information that we collect about the user's location is confidential. We don't save the data on on user location. We don't be shared with a third party. We use this information meanwhile the user navigates through a route to deliver their requested information.
4.4. To manage our relationship with you
We will use your identity and contact data to notify you about changes to our Terms & Conditions, Privacy Policy or Services.
4.5. For internal business purposes
We may use your identity, contact, financial and technical data for running our business, provision of administration and IT services (e.g., troubleshooting, data analysis, support), network security (e.g., testing, system maintenance), to prevent fraud and in the context of a business reorganization or group restructuring exercise.
4.6. To deliver relevant website content and advertisements
We may use your identity, contact, profile, technical and usage data to understand how customers use our Services, to develop them and to inform our marketing strategy. Where it is in accordance with your marketing preferences, we may use your marketing and communications data to inform you with regard to services we believe might be of interest to you. See section “Opt-out from electronic communications" below on how to opt-out of imercita marketing communications.
4.7. Other purposes
We will not use your data for purposes other than those detailed above. If we intend to use any personal data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the personal data is collected or we will obtain your consent subsequent to such collection but prior to such use.
4.8. Aggregated data
In an ongoing effort to understand and serve our users better, we often conduct research on our customer demographics, interests and behavior based on personal data and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once personal data is in an aggregated form, for purposes of this Policy, it becomes non-personal data.
HOW WE DISCLOSE AND TRANSFER YOUR PERSONAL DATA
We will not sell your data to third parties, including third-party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
5.1. Business Transfers
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of imercita (or its assets) will continue to have the right to use your data and other information in accordance with the terms of this Policy.
5.2. Parent Companies, Subsidiaries and Affiliates We may also share your data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that personal data in accordance with this Policy.
5.3. Agents, Consultants and Service Providers We may share your data with our contractors and service providers who process data on behalf of imercita to perform certain business-related functions. When we authorize a third party to process your data, we remain fully responsible for the protection of the data. Third parties will only have access to information regarding you where necessary for providing their services. Third parties we may engage are:
accountants and legal counsels; marketing partners/service providers; location service providers; hosting service providers; email service providers; IT/support service providers; data aggregators e.g., user behavior analytics providers; payment service providers.
5.4. Fraud Prevention
We may check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you don’t provide false, inaccurate information or impersonate another individual.
5.5. Facebook, Google or other third parties
You can log in to your imercita account using Facebook or Google. In this case, we may collect, store, use and transfer information regarding your account with these entities, in accordance with this Policy. For instance, if you log in using Facebook, we may store your user name, e-mail address, location and profile picture to provide you certain functionalities within the Platforms.
5.6. Legal Requirements
We may disclose your data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend our rights, interests or property or that of third parties, (iii) prevent or investigate possible wrongdoing in connection with the Services, (iv) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) protect against legal liability.
5.7. International Transfers
Some of our external third-party suppliers are based outside the European Economic Area (“EEA”). Their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we endeavor to ensure one of the following safeguards is implemented:
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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries; 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 EEA and the US. For further details, see European Commission: EU-US Privacy Shield; where such data cannot be afforded one of the safeguards above, we shall only transfer such data outside the EEA where it is necessary for performing our contract with you or we have your fully informed, active, clear and specific consent. We shall take all steps necessary to ensure that your personal data is protected when we transfer it outside the EEA.
HOW WE STORE YOUR PERSONAL DATA
We may store personal data or such information may be stored by third parties to whom we have transferred it in accordance with this Policy. We have taken reasonable steps to protect the personal data collected via the Services from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. Among the security measures we have implemented there are: SSL standard for the encryption of data flow, OAUTH standard for user authentication, HMAC authentication against alteration of data, SSH private keys for limiting server access etc.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
However, please note that no network, server, database or Internet or e-mail transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any personal data.
RETENTION
We will retain your personal data as long as you are registered to use the Services.
You can stop using our Platforms and/or Services by clicking the “Delete imercita account” button in the “Settings” section of our Platform or by contacting us hello@imercita.com .
Deleting your user account involves automatically deleting your personal data (name, surname, email, picture, password, phone number), collections created, and followed pages.
If you decide to stop using our Services, we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for , including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 unauthorised 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 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.
We will ensure the secure deletion of your personal data as soon as the processing is no longer sustained by one of the legal grounds mentioned above.
YOUR CHOICES
8.1. Cookies
Please see our Cookie Policy for detailed information.
8.2. Opt-out from electronic communications
You can ask us or third parties to stop sending you marketing messages at any time by accessing the Settings section of the Application or by contacting us at hello@imercita.com . You can also unsubscribe from our marketing list by clicking on the "Unsubscribe " link at the bottom of any such electronic communication. Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Service purchase, Service experience or other transactions.
EXCLUSIONS
9.1. Third party links
Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third