Privacy Policy

Last Updated 24 June 2019

 

Introduction

 

At EmojItNow, owned by GrumpNow Ltd (registered in England & Wales at 71-75 Shelton Street, Covent Garden London, England WC2H 9JQ), we are committed to building the world’s greatest emotional feedback service, and that begins with protecting the privacy of everyone in our community. This means that we’ll protect the personal information of all visitors who access our mobile application, websites or services through any mobile application, platform or device (collectively, the “Services”).

 

This privacy policy (“Privacy Policy”) explains how EmojitNow, share, and use your personal information. You’ll also find information about how you can exercise your privacy rights.

 

Furthermore, this Privacy Policy describes how and when we collect, use, and share your information across our mobile application (“app”), website, SMSs, APIs, notifications, applications, buttons, ads, and our other covered Services that link to this Privacy Policy (collectively, the “Services”), and from our partners and other third parties.

 

When using any of the Services you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy. This includes any information you choose to provide that is deemed sensitive under applicable law.

 

The data controller responsible for your information is GrumpNow Ltd, the company that runs EmojitNow. Despite this, you alone control and are responsible for your submissions (“Emojits”) and other content you submit through the Services, as provided in the End User Licence Agreement.

 

If you choose to sign up with EmojitNow and create an account, you must provide us with some personal information, such as your mobile phone number and password, and your age range. On EmojitNow, your mobile phone number is never listed publicly, and neither is your age range. By downloading and using the Services, you consent to us, or third parties as detailed in 2 below (but without them ever receiving or knowing your mobile phone number) sending messages to you through the mobile application.

 

By using our Services you agree to EmojitNow using your personal information as described in this Privacy Policy. The terms “we”, “us” or “our” are each intended as reference to EmojitNow and any terms not defined in this Privacy Policy are defined in our Terms.

 

Summary

 

We’ve summarised the key points of our Privacy Policy below.

 

1. Information we collect from you and why

Here are the broad categories of personal information that we may collect about you and the reasons why:

 

a. Information that you provide voluntarily:

 

Registration information: When you create an EmojitNow account, sign-up or fill in forms on the Services, we collect information about you including your mobile number, the password you create, and your age range.

 

We collect this registration information when you create an EmojitNow account so we can:

  1. create your account so you can submit Emojits under our Terms
  2. send you a message with verification code for login verification;
  3. identify you when you sign-in to your account;
  4. contact you for your views on our Services;
  5. notify you of changes or updates to our Services;
  6. enable your ongoing use of the Services; and
  7. otherwise administer the app on an ongoing basis.

 

Marketing information: We collect information about your activities and preferences to receive marketing information any time you subscribe or unsubscribe. We collect this information regarding your marketing preferences so we can:

  1. send you customised marketing (including in-app messages if you have opted in for such messages) about our products or services; and
  2. send to you information and marketing communications relating to our business which we think may be of interest to you by text, in-app message or similar technology (you can inform us at any time if you no longer require marketing communications).

 

Feedback: When you post Emojits or you contact us, for example with a question, problem or comment through the feedback forms, we collect information about you including your mobile number and the content of your query. If you contact our customer support teams we will record and keep a record of your conversation for quality and training purposes and to aid in the resolution of your queries.  We collect this feedback on your views of our Services in order to:

  1. reply to your questions or queries;
  2. publish Emojits you submit to us about our services; and
  3. conduct analysis and research to improve and develop our Services.

 

b. Information that we collect automatically:

When you access our Services, we may collect certain information automatically from your device such as your IP address, MAC address, or deviceID.  In some countries, including countries in Europe, this information may be considered personal information under applicable data protection laws.

 

Activity Information: We collect information about your usage of the Services and information about you from the content you post or send as well as what you search for, look at and engage with. We collect this information so we can:

 

  1. provide you with an improved experience;
  2. give you access to your EmojitNow history and preferences;
  3. we may also provide you with customised content, messages and advertisements based on your previous interactions with our Services and our knowledge of your preferences which we understand from your usage and history relating to the Services; and
  4. provide other services at your request.

 

c. Cookies and similar technologies: Like many websites and apps, we use cookies and similar tracking technology to collect and use personal information about you (e.g. your Internet Protocol (IP) address, your device ID, your browser type, geographical location, operating system, referral source, app navigation, and when, how often and how long you interact with the Services) to improve our services, including to facilitate interest-based advertising.

 

A cookie consists of information sent by a server to a browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

 

We may use both “session” cookies and “persistent” cookies on the app. We use the session cookies to keep track of you whilst you navigate the app. We use the persistent cookies to enable our app to recognise you when you visit.

 

Session cookies will be deleted from your mobile device when you close your browser. Persistent cookies will remain stored on your mobile device until deleted, or until they reach a specified expiry date.

 

We use Google Analytics to analyse the use of our Services. Google Analytics generates statistical and other information about the use of our Services by means of cookies, which are stored on users’ mobile device. The information generated relating to our Services is used to create reports about the use of the Services. Google will store this information.

 

Google’s Privacy Policy is available at http://www.google.com/privacypolicy.html

 

We collect this cookie information so we can:

  1. measure and analyse the use and effectiveness of our Services;
  2. customise and optimise the targeting of advertising for our Services across other websites and platforms; and
  3. provide location services if you choose to share your geo-location.

 

For further information about the types of cookies and similar technologies we use, why, and how you can control such technologies, see our Cookies Policy.

 

d .Information that we obtain from third-party sources

 

From time to time, we may receive personal information from third party sources and service providers (such as Google, Facebook, Amazon and other affiliates), including advertising networks but only where we have checked that these third parties either have your consent to process the information or are otherwise legally permitted or required to share your personal information with us. This information may include your likely demographic group.

 

We use analytics reports and market research surveys in order to:

 

  1. measure the performance of marketing campaigns for our Services; and
  2. better understand your preferences so that we can customise our marketing campaigns and Services accordingly.

 

We process information that you provide voluntarily, information that we collect automatically and information that we obtain from third party sources in order to constantly improve our Services. Using this, we can make it even easier for you submit Emojits about the things that matter to you, no matter what device you choose to use or where you are in the world.

 

2. Who we share personal information with

 

We may share your personal information with the following recipients (and whenever we do, we will ensure that we have appropriate security and contractual safeguards in place to protect it):

 

Our employees, officers, agents, third party suppliers who support our Services (e.g. partners for marketing or promotions of EmojitNow based on your activity). Such third parties may Include offshore website and application support and hosting providers, marketing service providers, as well as eCRM partners and customer support agents who will manage our marketing and push notifications. Any of these third parties might be inside or outside your country of residence.

 

  1. We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing, though by downloading and using the app you do consent that we may message you through in app messages or other means, such as SMS about our Services, and third parties may message you only through in app messages noting that any such third parties will never receive your actual phone number as the messages will be sent through EmojitNow application.
  2. Any law enforcement or regulatory body, government agency, court or other third party where we believe disclosure is necessary under applicable law or regulations;
  3. New owners or re-organised entities in the event of a business restructuring, sale, purchase or joint venture affecting our business.
  4. Any other person provided that you have given your consent. We will never sell, distribute or otherwise share your personal information unless we have your permission.
  5. As noted in 2.2 above, we may also share information with third parties so that they can contact you through the app about goods or services which may interest you. We will only share your information with such third parties where you have given your consent when you log into the app. If you don’t want us to use your personal information in this way or generally change your mind about receiving any form of marketing communications, you can either change your messaging preference selection in the app, or log back into the app and de-select the messaging option. You can also unsubscribe at any time using the unsubscribe functionality in the communication you receive or by amending your profile accordingly within the app. If you choose to unsubscribe from our marketing, we will keep a record of your preferences so that we don’t bother you with unwanted marketing in future.
  6. If any part of our business enters into a joint venture, purchases another business or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, or new business partners or owners or their agents and advisors. In these circumstances, we will always inform the relevant entities that they must only use your personal information for the purposes disclosed in this Privacy Policy.

 

3. Legal basis for processing personal information

 

GrumpNow will always make sure we have a legal basis to collect and use your personal information. The legal basis we rely on will change depending on the type of information and the context in which we collect it.

Our main reason for collecting and using your personal information is based on the consent that you have given to us when you have agreed to the terms by logging in to the application. You may withdraw your consent any time. You will not sure any detriment for withdrawing your content. If you withdraw your consent this will not make processing which we undertook for your consent unlawful. You can with withdraw your consent by contacting us at hello@emojitnow.com.

 

4. International data transfers

 

We may transfer your personal information to countries outside the one in which you are resident to other countries where GrumpNow or our service providers have operations. The data protection laws of these countries may differ from the laws of your country but GrumpNow takes care to implement appropriate safeguards to protect your personal information in those countries in accordance with this Privacy Policy. For example, our data is stored in the cloud using Amazon Web Services, who abide strictly to all data protection and Privacy Policy requirements.

 

Whilst some suppliers in some countries may have data protection laws that are different to the laws of your country, you can rest assured that GrumpNow takes care to implement appropriate safeguards to protect your personal information in those countries in accordance with this Privacy Policy. Some of the safeguards we rely on include, where appropriate, using the European Commission’s approved standard contractual clauses with our suppliers, and contracting with Privacy Shield certified companies in the United States, where this is appropriate.

 

5. Security

 

GrumpNow places great importance on protecting your information from and against unauthorised access and against unlawful processing, accidental loss, destruction and damage. We implement appropriate technical and organisational measures to safeguard such information. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will not ask you for your password (except when you log in to the app). Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

 

We will store all the personal information you provide on secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted.

 

The security measures we use are designed to provide a level of protection security appropriate to the risk of processing your personal information. Where you have chosen a password which allows you to access certain parts of the Services, you are responsible for keeping this password confidential. We advise you not to share your password with anyone and to use a unique password for our Services. We will not be liable for any unauthorised transactions entered into using your name and password.

 

6. Data retention

 

GrumpNow will retain your personal information for no longer than is necessary to fulfil the purposes described in this Privacy Policy. We may also retain certain elements of your personal information for a period after you delete or deactivate your account for our legitimate operations such as record keeping and to comply with our legal obligations. Whenever we retain your information we will do so in compliance with applicable laws.

 

GrumpNow will retain your personal information where we have an ongoing legitimate business need to do so (for example, while you hold an account with us or to enable us to meet our legal, tax or accounting obligations).

 

If you object to us processing certain categories of your personal information (including in relation to receiving marketing communications from us), we will retain a record of your objection to the processing of your information so that we can continue to respect your wishes.

 

We will destroy or permanently anonymise your personal information at the point that we no longer need to process it for our ongoing legitimate business needs or for any legal reason. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store it and isolate it from any further processing until deletion is possible.

 

7. Your data protection rights

 

If you are a registered user of our Services, you can also permanently delete your EmojitNow account by deleting the app from your phone. Please email us hello@emojitnow.com for further account deactivation and/or deletion.

 

Keep in mind that search engines and other third parties may still retain copies of your public information, like your public Emojits or shared messages (e.g. Facebook posts, Twitter tweets), even after you have deleted the information from our Services or deactivated your account.

 

You can also contact us to ask us to delete your personal information, restrict its processing or request that it be ported to a third party. You also have the right to unsubscribe from the marketing communications we send you by using the unsubscribe functionality in any marketing communication you receive from us, by emailing us directly by using hello@emojitnow.com, or by deleting the app from your phone.

 

GrumpNow respects your privacy and data protection rights. Below is a summary of your rights in respect of the personal information of yours which GrumpNow handles:

 

  1. If you wish to request deletion of your personal information, you can do so by contacting us using the contact details provided under the “How to contact us” heading below.
  2. You can object to processing of your personal information, ask us to restrict processing of your personal information or request that it be ported to a third party. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.
  3. You have the right to opt-out of receiving marketing communications we send you at any time. You can exercise this right by changing your in-app messaging election in the app, or by logging back into the app and making your new election, or by emailing us directly at hello@emojitnow.com. You can also use the unsubscribe functionality in the communication you receive.
  4. Similarly, if we collect and process your personal information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  5. You have the right to complain to a data protection supervisory authority about our collection and use of your personal information.
  6. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

8. Links to third-party sites

 

Our app and website may, from time to time, contain links to and from third-party websites (for example, those of our advertisers and affiliates). If you follow these links, please be aware that GrumpNow is not responsible or liable for these third-party websites which will have their own privacy policies.

 

We provide these links to you only as a convenience and the inclusion of any link does not imply endorsement of the relevant website by GrumpNow. Please note, we do not accept any responsibility or liability for these third party websites and their respective privacy policies or those linked websites. Please check these policies before you submit any personal information to such websites.

 

9. Updates to this Privacy Policy

 

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. We encourage you to periodically review this page for the latest information on our privacy practices. The most current version of the policy will govern our use of your information and will always be at https://www.emojitnow.com/privacypolicy. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

 

10. How to contact us

 

If you have any questions or concerns about this Privacy Policy, please contact us.
Contact details hello@emojitnow.com, or via mail at GrumpNow Ltd, at 71-75 Shelton Street, Covent Garden London, England WC2H 9JQ.

 

11. Data Controller

 

The data controller responsible for your information is GrumpNow Ltd, registered in England & Wales at 71-75 Shelton Street, Covent Garden London, England, WC2H 9JQ.