Privacy Policy

Last Update: June 2020

This Privacy Policy applies to your use of and access to the services provided, owned or operated by Dive Platform GmbH or any of our affiliate companies (“Dive”, “we”, “us”, or “our”) consisting of www.diveee.com or any other of our websites, our mobile applications, or any other products or services offered by Dive (collectively, the “Services”). We have created this Privacy Policy to explain and describe how and why we collect personal information from you, for what purpose we do it and to inform you about your rights and the way you can exercise them. By using or accessing the Services, you acknowledge that you have read this Privacy Policy and that you understand your rights in relation to our use of your personal information and how we will collect, use and share it. If you do not agree with this Privacy Policy in general or any part of it, you should not use our Services. Any changes we make to this Privacy Policy will be updated on this website. We may revise or update this Privacy Policy from time to time to keep it in line with changes in our business, services or applicable law, such as (but not limited to) EU Regulation 2016/679 (the General Data Protection Regulation, hereafter, the “GDPR”). Dive is completely committed to respecting and protecting your privacy; for more information about how we use your personal information or to raise any questions you may have about this Privacy Policy, please contact us at privacy@diveee.com.Personal information we collect about youThe personal information you share with us We collect and process all personal information that you choose to communicate to us when you register to use and interact with our Services, request marketing to be sent to you, or otherwise contact us directly, for example, to give us feedback. This personal information may include:your name, voice or image (in any content you upload); your mobile number;your address;your email address; your date of birth;your registration / login data (e.g., your username and password);your payment details (depending on your payment method), including credit card or other billing information; andthe information that you send through our Services, such as videos and chats. Keep in mind that the members who view your videos and chats, and any other content can always save that content or copy it outside our mobile applications. So, the same common sense that applies to the Internet at large applies to Dive as well: don’t send messages or share content that you wouldn’t want someone else to save or share.The personal information that we collect while you use our Services (such as our mobile applications)We also collect and process certain types of information automatically, whenever you interact with us in order to allow you to use our Services (for example, determining the location of your device based on its GPS function while you are using ourmobile application) or improve your experience. The usage data that we, as well as the analytics tools described in section 6 below, may collect when you use our Services include:the internet protocol (“IP”) address used to connect your mobile device to the internet; the location of your mobile device during the use of our Services;the date, time and duration of your access to our Services;information collected by cookies and other technologies;device information (including, e.g., language settings; time zone; IMEI; MAC address of the mobile number used by your device; hardware type; device name; or operating system version);IDFA / AAID advertising identifiers;your behaviour while using our Services (e.g., the functions you choose to use, or your user-generated video content that is generated and broadcasted while you use our Services); andcamera and photos. Some of our Services require us to collect images and other information from your device’s camera and photos.Information we collect from third parties We may also obtain information from our affiliates and third parties. Here are a few examples:If you link your Dive account to another service, we may receive information from the other service, like how you use that service.Advertisers, app developers, publishers and other third parties may share information with us as well. We may use this information, among other ways, to help target or measure the performance of ads. If another member uploads their contact list, we may combine information from that member’s contact list with other information we have collected about you.Application permissionsIn order for you to be able to post live content while using our Services, you will be required to grant us access to your device’s camera. You’ll also be asked to share your location with us so that we are able to determine where you are streaming from.Updating your personal informationWe take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact our Customer Support team and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.You can review and change your personal information by logging into our mobile application and visiting your account profile page.Why we’ll be collecting your personal informationWe collect and process your personal information only when it is necessary for operating, providing or improving our Services for you. The table below shows all of the ways thatwe intend to use your personal information, as well as the legal bases we rely on to do so.Purpose / ActivityLawful basis for processingTo provide you access to any of our websites, as may be applicableLegitimate interestTo register you as a user of our services and manage and terminate your subscriptionPerformance of a contractTo verify your identityPerformance of a contractTo manage and collect payments, fees and charges owed to us; to enforce obligations owed to us, and contractual terms and conditionsPerformance of a contractTo provide our mobile application and to improve your experience of using it(a) Performance of a contract (if you are a registered user)(b) Legitimate interest (we have a legitimate interest in providing our Services to members and to potential members of our Services who are not yet registered, and in analysing their usage in order to develop and further our business)To allow us to use the content that you stream through our ServicesPerformance of a contract To allow us to use the content you stream, your public profile, or any other information of yours for promotional or marketing purposesPerformance of a contract To monitor and analyse trends and usageLegitimate interest (we have a legitimate interest in understanding how our members use our Services)To perform our contractual obligations, in particular to make the Services available for use and manage their usePerformance of a contractTo provide customer support services and answer your questions and inquiriesPerformance of a contractTo record and evaluate data relating to the usage of our Services for interest-based advertising and to display interest-based or other advertising to youLegitimate interest (we have a legitimate interest in interest-based advertising to be able to show you advertisements based on your personal interests)To improve our Services and marketing measures and adapt them to your needs and to develop new services and perform internal quality checksLegitimate interest (we have a legitimate interest in continuously improving and developing our services)To enable you to recommend us via social media or share information about our Services with othersLegitimate interest (we have a legitimate interest in the processing of data if you activate a social plug-in and thus express that you would like us to transfer data to the respective social network)To handle your requests about our ServicesPerformance of a contractTo respond to requests for information from our insurers for claims settlement and loss adjustment purposesLegitimate interest (we have a legitimate interest in defending ourselves against damages claims and to cooperate with our insurers in relation to the settlement of claims and adjustment of losses)To send newsletters and / or other marketing emails to inform you about our Services, to ask feedback about our Services or inform you of improvements of our ServicesLegitimate interest (we have a legitimate interest in carrying out direct marketing activities provided that this complies with applicable marketing law)To carry out marketing telephone calls to inform you about our Services, to ask feedback about our Services or inform you of improvements of our ServicesYour consentTo manage our relationship with you, including notifying you about changes to our Services, Terms of Services, other applicable guidelines or terms, or this Privacy PolicyPerformance of a contractTo enable you to participate in a competition or complete a survey(a) Performance of a contract (if you have chosen to participate in the competition or to complete a survey)(b) Legitimate interest (offering you to participate in a competition or to complete a survey; we have a legitimate interest in providing you with the opportunity to participate in a competition and to complete a survey so that we can constantly improve our Services in general in order to develop and further our business)To enable you to provide user submissions or commentsLegitimate interest (we have a legitimate interest in providing our members with the opportunity to give feedback and join in on discussions so that we can constantly improve our mobile applications and our Services in general in order to develop and further our business)To contact you and provide you with information that you have requested and deal with any matters arising as a result of that contactThis processing is either based on the performance of a contract – if the information you have requested relates to a contract with you or is a pre-contractual issue – or on our legitimate interest – if the information you request relates to something else (we have a legitimate interest in communicating with you upon your request and to deal with any matters arising of that contact)To verify that your usage of our Services does not infringe our terms and conditions or any laws or regulationsPerformance of a contractTo act in an emergency to protect the personal safety of our members and the public generallyThis processing is either based on the protection of vital interests – in emergencies or – in all other cases – on our legitimate interest (we have a legitimate interest in protecting the personal safety of our members and the public)To respond to requests for information from the police and other public authorities to protect legitimate interests of third parties regarding personal health or propertyLegitimate interest (we have a legitimate interest in assisting the police with the investigation of suspected crimes and responding to requests for information in connection with personal injury, theft or damage to property)To determine disruptions and to ensure the security of our systems, including the detection and tracing of (the attempt of) unauthorised access to our servers or Services; to prevent, detect, process and investigate malfunctions, incidents, fraudulent or other illegal activities, or mitigate the risk of occurrence of the aforementioned eventsNecessary to comply with the legal obligations regarding data security – if the measures are necessary to comply with these obligations – or legitimate interest – if the measures go beyond what we are strictly required to do (we have a legitimate interest in resolving disruptions, ensuring the security of our systems and the detection and tracing of (the attempt of) unauthorised access or fraudulent activity)To comply with relevant legal obligations, such as keeping accounting records or with obligations to disclose data based on a court decision or official orderNecessary to comply with a legal obligationUse information we’ve collected from cookies and other technology to enhance our Services and your experience with themLegitimate interest (we have a legitimate interest in using the technology we employ to better understand the behaviours of our members)For accounting, risk management and record keeping purposesLegitimate interest (we have a legitimate interest in accounting, risk management and record keeping in accordance with customary business practice)How we share personal information that we process about youDive does not share your personal information, except where this is legally required or permitted and, in these cases, only with specified and authorised recipients. We may share information about you in the following ways:Withother members. We may share the following information with other members who are using our Services:information about you, such as your username and name;information about how you have interacted with our Services, such as the names of members you follow and other information that will help other members understand your connections with others using our Services; any additional information you have directed us to share. For example, we shall share your information when you connect your account to a third-party app, and if you share information or content from Dive to the third-party app; andcontent you post or send. How widely your content is shared depends on your personal settings and the type of Service you are using. Withall members, our business partners and the general public. We may share the following information with all members, as well as with our business partners and the general public:public information such as your username, name and profile pictures; andlive streams that are set to be viewable by everyone and any content that you submit to an inherently public service. This content may be viewed and shared by the public at large both on and off our Services, including through search results, on websites, in apps and in online and offline broadcasts.With our affiliates. We may share information with entities within the Dive family of companies.With third parties. We may share information about you with trusted service providers who perform services on our behalf, including to measure and optimise the performance of ads and deliver more relevant ads, including on third-party websites and apps. We may share information about you with business partners that provide services and functionality on our Services. In particular, if you have set up your Dive wallet, we shall share information about you with our payment providers. Your payment details (credit card information) may be processed by our trusted third party payment processors, Stripe, Inc or TransferWise Ltd, who will transmit your information directly to the relevant credit card company. In order to ensure that the credit card is used by the legitimate owner and to prevent cases of online fraud, encrypted credit card information may be transferred to an external payment security service for auditing purposes. This transfer may also include additional personal data. Your credit card details are encrypted during transmission to the payment processor. We may share information about you, such as device and usage information, to help us and others prevent fraud.We may share information about you for legal, safety and security reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:comply with any valid legal process, governmental request, or applicable law, rule or regulation;investigate, remedy, or enforce potential Terms of Service violations;assist external auditors in the event of audits or investigations, if there is a legal requirement or legitimate business interest to do so;protect the rights, property, or safety of us, our members or others; anddetect and resolve any fraud or security concerns.We may share information about you as part of a merger or acquisition. If we are involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.We may also share with third parties that provide services to us or perform business purposes for us aggregated, non-personally identifiable, or de-identified information.Mapbox We use Mapbox across our Services provided by Mapbox, Inc. (“Mapbox”) of 740 15th St Nw Suite 500 Washington, DC 20005 United States, to show interactive maps. This tool is necessary for the functioning of our mobile applications and the full availability of our Services.When displaying maps, your mobile device initiates internet connections to Mapbox’s servers. Except for your IP address, no data which can identify you personally is stored or transmitted.You can find additional information about data processing by Mapbox here:https://www.mapbox.com/legal/privacy/.The analytics tools we use We require aggregate data about the traffic on and interaction with our Services, so that we can offer better experiences and tools to our members in the future. For this purpose, we use the analytics tools described in this section.Operations analyticsThese tools either do not collect IP addresses or mobile device identifiers or anonymise these upon collection and any profiles created by these tools only contain aggregate data. The service providers providing these tools are not permitted to use the information collected on our behalf except to help us conduct and improve our business and subject to our instructions.We may use the following tools:Google Analytics (Google is self-certified under the EU-US Privacy Shield); Mixpanel, Mixpanel, Inc. (Mixpanel is self-certified under the EU-US Privacy Shield); andInspectlet, Inspectlet Inc.Tracking toolsWe use so-called tracking technologies to better understand your preferences by analysing your behaviour and show you advertising in line with your interests. We use tracking tools for retargeting and conversion tracking (campaign attribution) purposes. In order to do so, we contract with the third-party service providers listed below:Google Ads;Adjust, Adjust GmbH; andFacebook, Facebook, Inc. (Facebook is self-certified under the EU-US Privacy Shield).Where we store your personal informationSome of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area (“EEA”) to countries not deemed to provide an adequate level of data protection are governed by European Union (“EU”) standard contractual clauses, or in the case of the United States, the EU - US Privacy Shield, and/or equivalent data transfer regulations to protect the security and confidentiality of personal information, as described in Section 8 below. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.Transfers outside the European Economic AreaWe may transfer your personal information outside of the EEA in order to provide this information to some of our third party business partners, to comply with a legal obligation or for our own legitimate business purposes. At all times when transferring your information outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least 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.Where we use certain service providers or transfer data to other recipients, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe (so-called standard data protection clauses).Where we use providers based in the US, we may transfer data to them if they have self-certified themselves as part of the EU-US Privacy Shield, which requires them to provide similar protection to personal data as under the GDPR.Notwithstanding the above, in the absence of an adequacy decision by the European Commission, or appropriate safeguards, a transfer or a set of occasional transfers of personal data to a third country located outside the EEA may take place pursuant to the Art. 49 GDPR derogations for specific situations.Please contact us if you want further information on the specific steps we take when transferring your personal data out of the EEA, in particular if you wish to receive an overview of third country recipients and a copy of the appropriate or suitable safeguards in place.How long do we keep your information?We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:as long as it is necessary and relevant for our operations, e.g., so that we have an accurate record of your dealings with us in the event of any complaints or challenge; andin relation to personal information from disabled accounts, to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions as permitted by law.The security measures we have in place to protect your personal informationWe take great care in maintaining the security of our Services and your information and in preventing unauthorised access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is never completely secure, and although we shall do our best to protect your personal information, we cannot guarantee the security of your data transmitted through our Services; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.Members who have a registered account with us agree to keep their password in strict confidence and not disclose such password to any third party.Who is responsible for processing your personal information?Dive Platform GmbH (address: Kottbusser Damm 103A, 10967 Berlin, Germany), a company registered under the laws of the Republic of Germany, with company registration number: HRB 215689 is the controller of your personal information.Children under the age of 13Our Services are not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on any of our Services. In addition, we may limit how we collect, use and store some of the information of EU users between the ages of 13 and 16. We do not knowingly collect personal information from children under 13. Parents and legal guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 13, we shall delete that personal information. Rights regarding personal data for EEA residentsIn accordance with the provisions of applicable law, those members located within the EEA have the following rights:Access: you have the right to request a copy of the personal information that we are processing about you. If you require additional copies, we may need to charge a reasonable fee.Rectification: you have the right to correct errors in the personal information held about you by us.Deletion: you have the right to request that your personal information be deleted and no longer processed by us, which we will comply with, unless there is a legal obligation to retain your personal information and/or other legitimate reasons for their processing by us.Restriction of Processing: in certain circumstances, you may request that the processing of your personal information be restricted. This means that we will be allowed to continue to store your personal information, but we will not be able to use it.Portability: you have the right to obtain and reuse the personal information which you have provided to us, and to be able to transmit them directly to a third party in a structured, commonly used and mechanically readable format. In order to exercise this right, please ensure you provide us with a valid email address.Objection: in certain circumstances, you may object to the processing of your personal information by us. Where we receive a valid objection from you, we will stop the processing activity, except where we must continue to process your data for legitimate reasons, or for the purpose of establishing, exercising or defending possible legal claims.We guarantee the adoption of the necessary measures to ensure the exercise of your rights free of charge. In all circumstances, when exercising one of the above rights, please provide appropriate evidence which confirms your identity.You may exercise any of the above rights in any of the following manners, indicating which right you are exercising:by writing to us at Dive Platform GmbH, Kottbusser Damm 103A, 10967 Berlin, Germany;by contacting our data protection officer, Dmytro Boguslavskyy;by writing an email to: privacy@diveee.com; orthrough other means that may be available to you according to availability, such as through our mobile applications.You also have the right to lodge a complaint with any of the EU supervisory authorities. For example, if you are based in the UK, you can file a complaint with the Information Commissioner’s Office.California privacy rightsIf you are resident in California you have additional privacy rights pursuant to the California Consumer Privacy Act of 2018. If you are a California resident and would like to find out more information about the additional privacy rights at your disposal, please contact us for further details.