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Privacy Policy LIVE

Last updated: 03.06.2024

Introduction

This LIVE Privacy Policy applies to the processing of your personal data in the context of the LIVE video function operated by PE Digital GmbH (“LIVE”) according to the LIVE GTCs. LIVE is available for use via the LOVOO dating app (“LOVOO App“). Read on to find out what personal data LOVOO collects, how we handle this data, and the choices you (also referred to as ”LIVE user“) have as a user when using LIVE.

Please refer to our Cookie and Tracking Policy for information on how we process personal data related to tracking technologies when you use LIVE.

For information on how we process personal data related to our other services, including the LOVOO App, please Privacy Policy LOVOO.

1 Contents

Contact

Collection, Use and other Processing of Personal Data

Processing Purposes and Relevant Legal Bases

From whom do we get your personal data?

Transfer of personal data to third parties and service providers

Forwarding of Personal Data to Non-EEA Countries

How Do We Protect Your Personal Data?

Duration of Storage; Retention Requirements

Are You Required to Provide Us with Personal Data?

Overview of Data Subject Rights

Tracking Technologies

2 Contact

Unless otherwise specified in this Privacy Policy Live or our Cookie and Tracking Policy, the data controller responsible for the processing of your personal data is LOVOO GmbH (hereinafter “LOVOO,” “we,” or “us”).

If you would like to get in touch with us, you can contact us using the following information:

PE Digital GmbH, LOVOO Customer Care Team,

Speersort 10

20095 Hamburg

datenschutz@lovoo.com (email)

You can reach our data protection officer at:

Dr. Thomas Scheffel

datenschutz@lovoo.com (email)

If you have any comments or suggestions regarding privacy, please do not hesitate to contact us or our Data Protection Officer.

Our UK representative is:

eHarmony UK Ltd.

3rd floor

1 Ashley Road

Altrincham, Cheshire WA14 2DT,

United Kingdom

Our Swiss representative according to Article 14 of the new Swiss Federal Act on Data Protection (nFADP) is:

Treforma AG

c/o MLL Legal

Grabenstrasse 25

6340 Baar

E-Mail: pedigital@mll-gdpr.com

3 Collection, use and other processing of personal data

Personal data is all information pertaining to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth, and email address).

When we process personal data, this means that we collect, store, use this data, forward it to others, delete it or otherwise handle such data.

You provide your personal data on a voluntary basis when entering into a contractual relationship with LOVOO or as part of an existing contractual relationship with LOVOO. You are not required to provide special categories of personal data (e.g., the gender you are interested in, which is data relating to sexual orientation), in order to use LIVE. However, you must make some of your profile data visible to other LIVE users in order to use LIVE.

Please note that we provide LIVE in many different countries and some profile data is visible to other users in all of these countries. Your profile will be displayed in the country that corresponds to your location information. The other users will only see this profile data if this corresponds with their respective search settings. If you do not consent to this, we will use your IP address and country code to set your approximate location to your country’s capital.

In the context of LIVE (i.e., if you use LIVE), LOVOO may process the following categories of personal data with respect to the provision of LIVE.

What Data of LIVE Users May Be Processed Regarding LIVE?

  • Profile data:
    • User identifier (such as user ID);
    • Name, age and gender;
    • Date of birth
    • User name
    • ZIP code
    • Email address
    • Image(s);
    • About text;
    • (Only with user’s consent:) location related data;
    • (If saved in the LIVE profile) The profile’s profile name on Instagram, Facebook and TikTok, and
  • Shared and generated content (to enable LIVE users to generate and share content with other LIVE users, e.g., via chat):
    • Live streams (including image, username, number of viewers of the live stream, tags, description of the live stream).
    • Revealed physical characteristics
    • Timestamps for the participation in certain live events
    • Shared content in text messages/chat messages, live videos and audio
    • Revealed physical characteristics
    • Timestamps for the participation in certain live events
  • Meta data (to enable LIVE users to generate and share content with other LIVE users, e.g., via chat):
    • Name of the stream
    • User ID that started the stream
    • Location (GPS, Wi-Fi information, device ID)
    • Timestamp of the stream
    • User ID of the viewers
    • Assigned status of LIVE user message or blocking of other LIVE users
    • Virtual “gifts” sent by LIVE users
  • Data related to content moderation of livestreams (to allow for content moderation):
    • Profile data, including names, date of birth, location, zip code, username, user ID, and email addresses
    • Generated content: text messages, video data, audio data and screenshots of the failure behaviour
    • Meta information: name of the stream, stream picture, description of the stream, video portion, likes, timestamp of the stream, comments or chats
  • Data related to virtual gifts (to enable LIVE users to send, receive or cash-out virtual gifts)
    • Account balance: account balance of existing diamonds, account balance of existing credits Payment information: Identification and meta information, credit card and PayPal information, payment service provider account information.
    • Transaction data: log-information, status “blocked or not”, timestamps of cash outs, destination of the virtual gifts, origin of the virtual gifts
  • Daten zum Talent- und VIP-Management (um LIVE-Nutzer dabei zu unterstützen, Streamer in LIVE zu werden und um VIPs zu verwalten)
    • Profile data: name, e-mail-address, age, gender
    • Pictures, sexual orientation (only with user’s consent), date of birth
    • Shipping address
    • Telephone number
    • Payment information
    • Shirt size
    • Generated content
    • Streaming details (stream duration/time, DMD received, credits spend)
    • Profile information on social media
    • Chatnachrichten während des Rekrutierungsprozesses  
    • Technical data like IP-addresses, device IDs, ISP, country, latitude, longitude, browser information, register date, last request date
  • Data related to fraud prevention (to prevent fraud)
    • Account information (about me, name)
    • Location data (GPS location)
    • Generated content of LIVE users: all data entered by user, including text messages, video data and audio data
    • Payment information: User ID number, Billing Zip Code, Interceptions of chargebacks, Payment processer recommendation, virtual gifts from LIVE users
    • ID card
  • Records of communication with the Customer Care Team, including email addresses (to provide support)
  • Data related to support activities (to provide support to LIVE users)
    • Whole data sets on talent management, customer care, operational support
    • User information of the LIVE user using LIVE
    • Meta data of the stream
  • Data related to information technology and platform security (to ensure information technology and platform security)
    • Email address and if applicable the content of the email
    • Log files
    • Provided authorizations
    • Traffic data
    • Electronic communications data by email (only history of the information technology and platform security employee)
    • Chat
    • Video conferences
  • Data related to search filters (to enable LIVE users to apply search filters to find content they are looking for (e.g., filter applied with respect to gender))
  • Usage data with respect to LIVE users’ devices / browsers (to enable access to LIVE)
    • IP address
    • Operating system and, if applicable, browser type used
    • Current language settings of the smartphone
    • Information about the Internet service provider used
    • IP address of the accessing computer
    • Device ID (e.g., UDID, IDFV) for the identification of a LIVE user’s device(s) to ensure secure authentication
    • Sensor data (if LIVE user uses an Android end device)
    • Device-specific information (e.g. manufacturer, device model)
    • Name of the accessed page and, if applicable, origin page
    • Date and time of request, timestamps of LIVE user actions
    • Transferred data quantity
    • Status report on whether the retrieval was successful
  • Tracking technologies or pseudonymous IDs (such as advertising IDs (e.g., Apple’s IDFA (identifier for advertisers)) and Google’s advertising IDs) may be retrieved from LIVE user’s end device while or after using LIVE.
    • If you do not want this personal data to be processed, you are advised not to use LIVE respectively to not provide the respective consent.

Communication Between Users, Communication with Our Customer Care Team, and Communication via Video Chat

Communication between LIVE users is TLS encrypted.

Please bear the following in mind with regard to communication with our Customer Care Team:

If you communicate with our Customer Care Team

  • using the contact form, the transmission will be encrypted; our response to your request is encrypted during transport where your mail provider supports Transport Layer Security (TLS) transport encryption;
  • via email, the transmission of emails will be encrypted during transport where your mail provider supports Transport Layer Security (TLS) transport encryption.

If you would like to communicate via email using content encryption, we kindly ask that you contact LOVOO by post instead. Our address is available in the section “Contact”.

For authentication reasons, please make sure that you only communicate with LOVOO using the email address you were using during the registration process in the LOVOO App respectively the Application which you used to access LIVE.

As a user, you can use our video chat feature to communicate with one other user. End-to-end encryption is used for this type of communication between two users. You can also use our live stream on LOVOO; this live stream can be viewed by many users. Information and data are encrypted during transport.

In this context, LOVOO uses a service provider based in the USA (The Meet Group), with whom LOVOO has concluded a data processing agreement.

Push Notifications

If your mobile device supports this and if you consent to push notifications for the application on your device (iOS platform and Android 13 and above), we will send you push notifications when you use LIVE, even if you are not using the app at the time. These are messages that we send you in the course of fulfilling the contract, as well as promotional information.

You can modify or stop the receipt of push notifications at any time in the device settings of your mobile end device or in LIVE.

4 Processing purposes and relevant legal bases.

In the context of LIVE, LOVOO may process your personal data for the following purposes and relies on the listed legal basis for such processing:

  • To provide you with LIVE and related functionalities over the app you use to access LIVE: for such processing, LOVOO relies on the legal basis of “performance of a contract” (Article 6 (1) (b) of the General Data Protection Regulation (GDPR), as incorporated into UK law by Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (collectively referred to as “the GDPR”) and Article 31 (2) (a) of the new Swiss Federal Act on Data Protection (nFADP).

With respect to location data, LOVOO relies on your consent. (Article 6 (1) (a) and Article 7 of the GDPR or Article 31 (1) of the nFADP).

With respect to sexual orientation, LOVOO relies on your explicit consent (Art. Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR) or on the exception in Art. 9 (2) (e) GDPR provided that you have publicly disclosed your sexual orientation (e.g., in a live stream).

  • With regard to moderating live streams: for such processing, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO pursues its own interests and those of the users who use LIVE in live streams in a pleasant and safe environment.
  • With regard to carrying out talent and VIP management, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO pursues its own interests in identifying, recruiting and training users who wish to become live streamers and in servicing the VIP program for users who give virtual gifts to streamers.
  • To prevent fraudulent conduct, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO pursues its interest in protecting LOVOO, as well as LIVE users, from fraudulent behavior and the harm that may result.
  • With regard to analysis purposes in business terms in relation to LIVE, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO pursues its interest in understanding how LIVE performs from a business perspective.
  • To analyze user behavior in relation to LIVE: for such processing, LOVOO relies on your consent (Article 6 (1) (a) and Article 7 of the GDPR and Article 31 (1) of the nFADP).
  • To show personalized advertising to LIVE users (if applicable): for such processing, LOVOO relies on your consent (Article 6 (1) (a) and Article 7 of the GDPR and Article 31 (1) of the nFADP).
  • To show advertising to LIVE users (if applicable): for such processing, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO pursues its interest in operating its business in a commercially reasonable manner.
  • To send (non-promotional) emails and/or push messages related to LIVE and to respond to requests related to LIVE, LOVOO relies on the legal basis of “performance of a contract” (Article 6 (1) (b) of the GDPR and Article 31 (2) (a) of the nFADP) or – if there is no contract concluded between the LIVE user in question and LOVOO – on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). When LOVOO invokes the legal basis of “legitimate interest”, LOVOO is pursuing its interests in providing support and in responding to requests to ensure LIVE users’ satisfaction.
  • To carry out potential sales of all or part of our assets and/or activities: for such processing, LOVOO relies on the legal basis of “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP). In this regard, LOVOO has an interest in potentially disclosing and otherwise processing information regarding its assets and activities to potential buyers or acquirers, and their external counsel to facilitate sales of such assets and/or activities.
  • to comply with legal obligations to which LOVOO is subject; for such processing, LOVOO relies on the legal basis (i) “compliance with legal obligations” (Article 6 (1) (b) of the GDPR and Article 31 (2) (a) of the nFADP) if this obligation originates from the law of the EU or of EU member states, especially the obligations of the Digital Services Act (ii) “legitimate interest” (Article 6 (1) (f) of the GDPR and Article 31 (1) of the nFADP) if this obligation originates from other legal systems. Where legitimate interests are relevant, LOVOO pursues its interests in complying with legal obligations to which LOVOO is subject.
  • to safeguard our rights; for such processing, LOVOO relies on the legal basis “legitimate interests” (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its interests in establishing, exercising and defending legal claims.

Information on processing purposes and the legal basis of the processing of personal data using tracking technologies when LIVE is used is available in our Cookie and Tracking Policy.

5 Where do we get your personal information?

We obtain your personal data by registering with LOVOO (as described in the LOVOO Privacy Policy) and directly when you use LIVE.

6 Disclosure of personal data to third parties and service providers

Forwarding of Data to Third Parties

As a rule, LOVOO will only disclose your personal data to third parties if this is required to fulfil a contract, if we or the third party have a legitimate interest in disclosing the data, if you have provided your consent, or if this is required to fulfil a legal obligation. To the extent that personal data is transferred to third parties on the basis of a legitimate interest, we explain our legitimate interest in this Privacy Policy LIVE.

The personal data may also be transferred to the following third parties:

  • where required, to third parties which are providers of marketing tracking technologies and analysis tools (more information on this is available in our Cookie and Tracking Policy;
  • to third parties (such as state authorities and courts) if we are required to do so by law or by enforceable official or court order in individual cases;
  • to consultants (lawyers and economic/operational auditors) and courts in relation to legal disputes, debt collection cases or economic or operational audits;
  • to the competent investigative authorities with regard to possible criminal acts;
  • to the (potential) acquire in the event of sale of the business;
  • To payment service providers / app store operators: we do not collect or process any payment data when you make a purchase. Depending on the payment method you select during the ordering process, we forward the data collected for the processing of payments (e.g., bank details or credit card data) to the bank responsible for the payment, to the payment service providers contracted by us or the app store operator (if you make in-app purchases using such app store operator); the privacy policy of the respective payment service provider / app store operator will apply;
  • fraud prevention services provider.

If data may be transferred to other third parties on a regular basis, this will be explained in this Privacy Policy LIVE or in our Cookies and Tracking Policy. In the event of a transfer based on your consent, the explanation may also be provided when consent is obtained.

Service Providers

LOVOO reserves the right to appoint service providers to collect or process personal data. LOVOO only sends service providers the personal data they need for their specific activity.

Besides service providers identified by name in this Privacy Policy LIVE or in our Cookie and Tracking Policy, LOVOO uses the following (categories of) service providers:

  • The Meet Group, Inc. which provides the infrastructure and systems necessary to offer LIVE in the LOVOO App (USA).
  • Video features provider which provides systems necessary to offer video features in LIVE
  • Customer relationship services provider / marketing support provider to send emails and push notifications to LIVE users
  • Hosting services provider to provide LOVOO with server capacity
  • Moderation services providers to allow for moderation related to LIVE
  • Age verification services providers to allow for age verification
  • Chat services provider to allow for support
  • Video conferencing tool provider to allow for support
  • Analytics tools providers (more information on this is available in our Cookie and Tracking Policy.)

Service providers are generally contracted as processors who may only process the personal data in accordance with LOVOO’s instructions.

At LOVOO, only persons who are required and necessary for the fulfillment of their tasks receive the personal data. The scope of access is determined by the necessity for the performance of the task.

7 Transfer of personal data to non-EEA countries.

Your personal data may also be disclosed to third parties or processors located in non-EEA countries our outside the UK. In this case, prior to the transfer, we ensure that the recipient has an adequate level of data protection, e.g., based on an adequacy decision of the EU Commission or Information Commissioner’s Office (as applicable) for the respective country pursuant to Article 45 EU/UK GDPR or the agreement of standard contractual clauses with the recipient pursuant to Article 46 EU/UK GDPR, together with additional technical and organizational measures (as needed).

If necessary, a corresponding “CH addendum” is also concluded with our contracting partners in accordance with the requirements set out by the Swiss Federal Data Protection and Information Commissioner (FDPIC).

You are entitled to request from us an overview of the specific recipients (processors) in third countries and a copy of the specifically agreed regulations (standard contractual clauses) to ensure an adequate level of data protection. To do this, please refer to the information in the section “Contact”.

8 How do we protect your personal data?

LOVOO adopts various security measures, such as state-of-the-art encryption and authentication tools, to protect the security, integrity, and availability of its users’ personal data. These measures are specified below:

  • End-to-end encryption is used for the video chat feature
  • Strict criteria for the right to access your data
  • Secure transmission using TLS encryption (including for the live stream)
  • Storage of confidential data in encrypted format,
  • Firewall protection of IT systems to protect against unauthorized access,
  • Permanent monitoring of access to IT systems to identify and prevent misuse of personal data

9 Duration of storage, retention obligations

We store your data for as long as this is required to provide LIVE or we have a legitimate interest in continued storage. In all other cases, we delete your personal data with the exception of data that we are required to keep for longer in order to comply with contractual or statutory (e.g., fiscal or commercial) retention periods (e.g., invoices).

We restrict the processing of data that is subject to a retention period until the period expires.

As soon as you revoke your consent or assert your right of revocation, we will delete the data immediately. You can contact our Customer Care Team and request the erasure of your data. In such a case, all your data is deleted, unless statutory retention requirements or another reason (e.g., defense or enforcement of claims, evidence reasons, incidents of misuse, billing purposes, another legitimate interest) requires the further storage or processing of your data.

LOVOO stores log files for up to 90 days, after which they are deleted. Log files for which further retention is required for evidence purposes are exempt from deletion until the relevant incident has been definitively clarified and may be passed on to investigating authorities in individual cases.

In connection with the assertion of data subject rights or user communication with LOVOO, LOVOO stores the data required for the purpose of fulfillment or proof during the respective limitation period (which is up to four years).

10 Are you obliged to provide us with your personal data?

You are not legally or statutorily required to provide us with your personal data. However, the use of LIVE requires that the Application which you use to access LIVE provides certain information to us. If you do not want this to happen, you will not be able to use LIVE.

11 Overview of data subject rights

How can you assert your rights?

Please refer to the information in the section “Contact” to assert your rights and enable us to clearly identify you when you assert your rights.

Right to Information and Right to Rectification

You have the right to request information from LOVOO as to whether we process personal data pertaining to you. You have the right to request information from LOVOO as to whether we process personal data pertaining to you. You also have the right to information about this personal data and details on the category of data that is stored, the purpose of processing, any recipients, the storage period, and the data subject rights to which you are entitled. If your data is incorrect or incomplete, you can request that your data be rectified or completed If we have disclosed your information to third parties, we will inform them of the rectification where this is a legal requirement.

If you would like to assert a right to information, please refer to the details provided in the section “Contact”.

Your right to erasure

Provided that the legal requirements are met, you may demand that we immediately erase your personal data. This is particularly the case where

  • your personal data is no longer needed for the purposes for which it was collected;
  • the legal basis for the processing was exclusively your consent and you have revoked this;
  • you have objected to the processing for direct marketing purposes (“objection to advertising”);
  • you have objected on personal grounds to processing based on the legitimate interest of LOVOO or users and we cannot demonstrate that there are compelling legitimate grounds for the processing;
  • your personal data has been unlawfully processed; or
  • your personal data must be erased in order to comply with legal requirements.

Please note that your right to erasure is subject to limitations. For example, we must or may not erase any data that we are still required to retain due to legal retention periods. Data that we need to assert, exercise or defend legal claims are also exempt from your right of erasure.

Please note that your data will initially only be restricted from processing if there are retention requirements that prevent erasure.

Your Right to Restriction of Processing

Provided that the legal requirements are met, you may demand that we restrict processing. This is particularly the case where

  • you dispute the accuracy of your personal data, and then for as long as we have had the opportunity to verify the accuracy;
  • the processing is not lawful and you request restriction of use instead of erasure (see the previous section for this);
  • we no longer need your data for the purposes of processing, however you need it to assert, exercise, or defend your legal claims;
  • you have raised an objection on personal grounds, and then for as long as it takes to determine whether your interests prevail.

Your Right to Data Portability

You have the right to receive personal data, which you provide to us to fulfill a contract or on the basis of consent, in a portable format. In this case, you may also request that we transfer this data directly to a third party, provided that this is technically feasible.

Your Right to Revoke Consent

If you have granted us consent to process your data, you may revoke this consent at any time with future effect. The lawfulness of the processing of your data until the time of revocation remains unaffected by this.

If you have provided us with data about your sexual orientation (gender you are interested in) to collect, this was done based on your consent. You may revoke this consent at any time with future effect. The lawfulness of the processing of your data until the time of revocation remains unaffected by this. From the time you object to the processing of your sexual orientation data, matches can no longer be made unless you consent again to the processing of your sexual orientation data, and LOVOO will no longer be able to provide its services as described in our General Terms and Conditions Live as a result of your objection. To revoke your consent to the processing of your gender preference information, please email our Customer Care Team at support@lovoo.com with “Objection to use sexual orientation data” in the subject line.

Your Right to Object to Direct Marketing

You may also object to the processing of your personal data for direct marketing purposes (“objection to advertising”) at any time, provided that the data processing is conducted on the basis of legitimate interest. Please note that there may be an overlap between your revocation and the use of your data in the context of an ongoing campaign for organizational reasons.
Your Right to Object on Personal Grounds

You have the right to object to data processing by us for reasons related to your particular situation, provided that it is done on the legal basis of legitimate interest. In compliance with legislation, we will then stop processing your data unless we can prove that there are compelling legitimate grounds to continue processing your data that override your rights.

Right to Lodge a Complaint With the Responsible Regulatory Authority

You have the right to lodge a complaint with a data protection supervisory authority. You may contact the data protection authority at your place of residence, at the place of an alleged infringement, or the data protection authority competent for us.

This is:

Free and Hanseatic City of Hamburg, The Hamburg Commissioner for Data Protection and Freedom of Information, email: mailbox@datenschutz.hamburg.de.

If you are resident or habitually residing in the UK, you may also contact the competent data protection supervisory authority in the UK:

The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, phone: +44 (0) 303 123 1113, email: casework@ico.org.uk

If you are domiciled or habitually resident in Switzerland, you can also contact the competent Swiss data protection supervisory authority:

Federal Data Protection and Information Commissioner (FDPIC). Please get in touch at: https://www.edoeb.admin.ch/edoeb/de/home/deredoeb/kontakt/kontaktformular_datenschutz.html

12 Tracking technologies

Information on tracking technologies that are used in LIVE is available in our Cookie and Tracking Policy. If personal data is processed in relation to tracking-based processes, you will also find more detailed information on the purposes of such processing. Information on how you can object to such processing is also available in our Cookie and Tracking Policy.