privacy policy

Please read this Privacy Notice carefully, as your access to and use of our Website signifies that you have read, understand, and agree to all terms within this Privacy Notice. We respect your privacy and are committed to protecting your Personal Information.

If you have any questions about our privacy practices, please see the section “Contact Information” below for information on how to contact us.

Scope

For the purposes of this Privacy Notice, “process”, “processed”, or “processing” means any operation or set of operations performed on personal data or on sets of personal information or data (excluding disclosure thereof) as defined hereinafter, by automated means, including one or several of the following operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure or destruction. Information on disclosure of personal data or of sets of personal data or personal information as defined hereinafter may be found in the “Disclosure of Your Personal Information” section below.

This Privacy Notice applies to information we collect:

on the Website;
in your communications with via e-mail, online forms, support chats online or by phone, text, and other communications with the Website.

It does not apply to information collected by:

a third party through advertising (if case may be) on the Website that may bring you to such third party site. Clicking on those links or ads enabling those connections may allow such third parties to collect your data. We do not control these third-party websites and are not responsible for their privacy statements.

The Data We Process About You

For greater certainty, the term “Personal Information” means any information or data regarding a user which can lead to identify such user, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person or user. It does not include data that has been anonymized or pseudonymized.

We may, depending on whether if you are an unregistered or a registered user on the Website, process, collect, use, store and transfer different kinds of Personal Information about you, which we have grouped together as follows:

Identity Data: may include your first and last name, username, or similar identifier, date of birth and gender.
Identifiers and Biometric Information: When accessing the Website in some States or countries, when creating an account and subscribing to the Website as case may be, we will process the identifiers you submit to us. Where we are legally required to do so to grant you access to the content on the Website, we will collect biometric information, which you will provide, to verify the authenticity of the identifiers you provided us to verify your identity, as further explained in the section “Biometric Information” below.
Contact Data: includes billing address, email address and telephone numbers.
Transaction Data: If you make a purchase or receive payments from us, we collect payment card or account details and related information necessary to process payments. We also collect details about payments to and from you and details of products and services you have purchased or received from us.
Technical Data: includes internet protocol (IP) address, your login data, 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 Website.
Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage Data: includes information about how you use the Website, products, and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, as well as any other information which you voluntarily provide to us at your direction for a specific function.
Information you provide through support channels: You may provide information to us through electronic correspondence when attempting to reach our support or privacy teams. When you engage with such teams, in addition to your account information, we may ask you to provide additional information about your issue/request, which may include, but not be limited to, information about your hardware/software, additional account information, or we may ask you to provide screenshots.
Statistical, Aggregated Data. We may also collect, use, and share your data to produce and share aggregated insights that do not identify you. Aggregated data may be derived from your Personal Information but is not considered Personal Information as this data does not directly or indirectly reveal your identity. We may also aggregate your usage data to calculate the percentage of users accessing a specific feature, generate statistics about our users, calculate ad impressions served or clicked on, or to publish visitor demographics.
Sensitive Personal Information. We do not process special categories of sensitive Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, or information about your health). However, based on how you use the Website’s features, you might nonetheless reveal and share that kind of information. Moreover, depending on how you use our Website, we may process your Personal Information which may include biometric information or information that would allow us to draw conclusions about your sexual preferences or orientation (“Sensitive Personal Information”). The collection, use and disclosure of such Sensitive Personal Information is only used by us when strictly necessary to provide you access to the Website or some of the Website’s specific features.
Online Forms and Communication Data: We process Contact and Financial Data and other information that you submit through online forms provided on the Website or information send to us via email, online or phone support communications or such as information provided in the context of support or privacy requests or any other inquiries, reporting and moderation of content, and our internal complaint handling system.

Biometric Information

In some states or countries where the law requires, we may employ third-party service providers to verify your identity, age, and to verify the authenticity the identification documents you provide us using facial recognition technology. Facial recognition technology creates a mathematical representation of your facial features which are detected from the live scan of your face, your selfie, and the government-issued ID you submit or have previously submitted to us. Information derived from this mathematical representation, which may be considered biometric information under the laws of certain states and countries, is shared by our service providers with us. Your biometric information will be collected and processed to:

verify you are a real, live person and to prevent the use of methods which would allow a user to identify as someone else;
match your selfie with your government-issued ID which you will submit or have previously submitted to us namely to make sure that nobody is impersonating you;
help confirm your age; and
We will store your biometric information according to the section “Retention of Personal Information” below.

You will be asked to provide your consent to biometric information processing which you may withdraw at any time by using the links below. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal.

Please note that this section entitled “Biometric Information” only applies to identifiers processed by our third-party age verification service providers solely for the purpose of granting you access to the Website in some states or countries only.

How is Your Personal Information Collected

We use different methods to collect data from and about you including through:

Direct interactions. Information that you provide when carrying out search queries on the Website or by filling in forms on the Website, at the time of registering to use the Website, subscribing to our service, posting material, taking part in surveys, entering a contest or promotion sponsored by us, when reporting a problem with the Website, or requesting further services.
Automated technologies or interactions. See the section below entitled “Cookies and Automatic Data Collection Technologies” for details of how we may automatically collect your Personal Information.
Third parties. We may receive or disclose Personal Information about you from various third parties, for example, websites controlled by us or members of our corporate group, business partners or third parties.

Cookies and Automatic Data Collection Technologies

As you navigate through and interact with the Website, we use automatic data collection technologies to collect website activity data. The technologies we use for this automatic data collection may include use of cookies, which are small text files that are stored in your web browser or downloaded to your device when you visit a website.

We currently use the following types of cookies, which are set by the Website:

Strictly necessary cookies: These are cookies that are required for the operation of the Website. These include, for example, cookies that enable a user to log in to the Website and to verify if a user is allowed access to a particular service or content.
Functionality cookies: These cookies help us to personalize and enhance your online experience on the Website. This type of cookies allows us to recognize you when you return to the Website and to remember, for example, your choice of language.
Analytics cookies: These cookies allow us to recognize and count the number of users and to see how users use and explore the Website. These cookies help us to improve the Website, for example by ensuring that all users find what they are looking for easily. Additionally, we are using third party session recording technologies that helps us better understand our users’ experience, however, the recording data is pseudonymized.
Targeting and Advertising cookies: These cookies record visits of a user on the Website, the pages a user visits and the links a user follows to enable us to make the Website more relevant to your interests and to help us serve ads that might be of interest to you. Targeting and advertising cookies are used for unregistered and registered users.

Analytics, Functionality, Targeting and Advertising cookies can be switched off at any time by accessing the ‘Manage cookies’ option that is located at the footer of the Website. However, if you decline to accept these cookies, some functionality on the Website may be disabled and may interrupt your access to certain parts of the Website.

Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires, or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years.

Do Not Track: Our systems do not recognize browser “Do Not Track” signals.

Use of Google Analytics. We use Google as a service provider to collect and analyze information about how users use the Website, including by collecting website activity data through first-party cookies set by our domains, and third-party cookies set by Google. Because we activated IP anonymization for Google Analytics, Google will anonymize the last octet of a particular IP address and will not store your full IP address. Google will use the information only to provide Google Analytics services to us and will not use this information for other purposes. In addition, the Website uses Google Signals, which are also services provided by Google that help us to run remarketing campaigns, collect more accurate data, and understand in a better way how users engage with the Website on different devices (cross-device activity). Google Signals apply to Google users who accept personalized advertising on their Google accounts. The information collected by Google Analytics may be transmitted to and stored by Google on servers in the United States pursuant to standard contractual clauses approved by the EU and the adequacy decision of the EU Commission C (2023) 4745 confirming an adequate level of data protection in the US under the EU-US Data Privacy Framework and applicable national extensions (for example the UK Extension to the EU-US Data Privacy Framework). You can learn more on how Google uses data here, and you can opt-out of Google Analytics by visiting the Google Analytics opt-out page or by accepting only necessary cookies.

Third-party use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements on the Website are provided or served by third parties. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you click to view, access, or use any of the third-party feature on the Website or directed to such third-party website. Unless expressly stated otherwise, the Website does not provide any Personal Information to these third parties, however, when you click on a third-party internet-based advertising, they may collect information, including your IP address, advertisements you click, time zone setting and location, and information about your browser, operating system, and devices you use to access the Website to provide targeted content. You can set your browser to refuse all third-party cookies, or to alert you when cookies are being sent.

Your Choices About How We Collect, Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us.

You can choose not to provide us with certain personal information, but that may result in you being unable to use certain features of the Website because such information may be required for you to register as a member, subscribe, purchase products or services, participate in a contest, promotion, survey, or sweepstakes, ask a question; or initiate other transactions on the Website.
The Cookie Banner can be utilized to customize your cookie preferences, if available. The Cookie Banner will record when you have consented to our cookies. For logged in users, we will ask for consent every 6 months or when we have major changes to our cookies, to ensure you stay up to date with changes to our cookie and privacy policies. For non-logged in users, your Cookie Banner selection will be kept only for the specific session. The Cookie Banner specifically controls the Functionality, Analytics, and Advertising cookies set by using the Website. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third party websites linked from the Website.
You can access the Cookie Banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of the Website.
You can opt out of receiving marketing emails from us using the opt-out link provided in our emails or. If you are a registered user, we may continue to send you other types of important emails e.g., e-mails about your transactions, account, or orders.
You may also delete and deactivate your account with us at any time unless required not to do so by law or by a court order. If you do so, your profile will no longer be accessible by you. If you later choose to have an account with us, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.

How We Use Your Personal Information

We will only use your Personal Information when the applicable local law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

For purposes of providing the Websites, its services, customer management, functionality, and security of the Website, as is necessary to perform the services provided to you under our Terms and Conditions.
Biometric information and identifiers are processed based upon your consent for us to do so.
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.
Where we need to comply with a legal or regulatory obligation.
Note that we may process your Personal Information on more than one lawful ground depending on the specific purpose for which we are using your data.

Purposes for Which We Use Your Personal Information

In general, we use information that we collect about you or that you provide to us, including Personal Information, for following purposes:

Provision of services: to present the Website and its contents, interactive features, and to provide you with information, products, or services that you request from us; we also collect and use Personal Information you provide us if case may be, to verify your participation eligibility and deliver prizes in connection with contests and sweepstakes;
Customer management: to manage a registered users’ account, to provide customer support and notices to the registered user about his account or subscription, including expiration and renewal notices, and notices about changes to the Website or any products or services we offer or provide through it; We also use biometric information when required by law and identifiers for the purposes of verifying your identity and the authenticity of the identifiers you provide or have provided to us while registering for certain services on the Website;
Customization of content and marketing: to perform research and analysis about your use of, or interest in, the Website content, products, or services, to develop and display content and advertising tailored to your interests on the Website and other websites;
Communications and handling of requests: We process Online Form and Communications Data and other information as necessary to respond to and resolve any of your requests, including where this is required to ensure compliance with our legal obligations.
Advertising: to communicate with you about products or services that may be of interest to you either from us, our affiliates or other third parties. Please consult the section entitled “Choices About How We Collect, Use and Disclose Your Personal Information” above for more information;
Analytics: to determine whether users of our Website are unique, or whether the same user is using the Website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns;
Functionality and security: to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
Compliance: to enforce our terms and conditions and to comply with our legal obligations, to respond to content reports, and to comply with applicable content moderation and complaint handling obligations;
Miscellaneous: in any other way we may describe when you provide the information; or for any other purpose with your consent provided separately from this Privacy Notice.

Disclosure of Your Personal Information

We disclose your Personal Information to and for the following purposes:

Corporate Group. We may disclose your Personal Information to members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) to the extent this is necessary for the purposes of provision of services, customer management, customization of content, advertising, analytics, verifications, functionality and security, and compliance.
Service providers. To our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, identity and document authenticity verification including biometric processing, processing credit card payments, risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website’ functionality, and supporting contests, sweepstakes, surveys, and other features offered through the Website. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes. Where required under applicable laws, we entered into data processing agreements with such service providers to ensure that Personal Information is only processed securely within our instructions.
Legal successors. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about the Website users is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Information uses it in a manner that is consistent with this Privacy Notice.
To comply with the law or protect our rights or the rights of third parties: We access, preserve and share your Personal Information with regulators, law enforcement, out-of-court dispute settlement bodies or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms & conditions, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of our Website or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
Transaction Information: Transaction information, including Personal Information that you have provided to us will only be shared with our third-party processors to initiate and complete any orders placed on or through your account. All credit card transactions and such are processed with industry-standard encryption through third party processors who only use your financial information and Personal Information for that purpose. All financial data and related Personal Information will not be shared by us with third parties except with your authorization or when necessary to carry out all and any transactions requested by you with the understanding that such transactions may be subject to rules, terms, conditions, and policies of a third party. All such information provided to a third party is subject to their terms and conditions.
Aggregated data: We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We also may share aggregated information with third parties for conducting general business analysis. This information does not contain any Personal Information and may be used to develop content and services that we hope you and other users will find of interest and to target content and advertising.

For more information on recipients of Personal Information, please contact us by using the information in the Section Contact Information below.

Our Legal Bases under Canadian and European Union (EU) Privacy Law

To the extent required by applicable law, we rely on several lawful bases to use your data in these ways. This means we process your Personal Information only where:

You provide your consent to do so for a specific purpose: for example, when you allow us to show you personalized features or to send you e-mail marketing;
Biometric information is also processed based on your consent. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal;
It is necessary to perform our contractual obligations as per our Terms and Conditions for example, to create your account and subtribe you to the Website;
It is necessary to comply with legal obligations: for example, we may be required to collect, use, or disclose your information in connection with civil, criminal, corporate, taxation, regulatory matters, or litigation;
It satisfies a legitimate interest which is not overridden by your data protection interests: for example, to keep the Website safe and secure from fraud and illegal activities;
It is used to protect your or others’ vital interests: for example, in case of emergency or to prevent a crime or fraud, and
It is used for tasks carried out in the public interest: for example, to combat unlawful behaviour where it is in the public interest to do so and where the public interest is laid down by applicable law.

Depending on the circumstances, we may rely on different legal bases when processing your same information for different purposes. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), the legal bases on which we rely may differ from those listed above.

Transfers of Your Personal Information to Other Countries

Where the laws of your country allow you to do so, by using the Website you consent to the transfer of information that we process about you, including Personal Information, to other countries in which we, members of our corporate group (affiliates and related entities) or service providers are located. When we transfer Personal Information to countries outside of the EEA or other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with the applicable laws.

Where available, we rely on decisions of the European Commission, known as “adequacy decisions” recognizing that certain countries offer a level of protection of your Personal Information that is essentially equivalent to the EEA. In other situations, we rely on standard contractual clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK, where appropriate) or on derogations provided for under the applicable law to transfer information to a third country.

For more information or to obtain a copy of our standard contractual clauses, please see the section “Contact Information” below on how to contact us.

Retention of Personal Information

We will only retain your Personal Information 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 Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. Unless we have a legal obligation or a preservation or court order which would legally oblige us to retain your Personal Information for a specific period, where we no longer need to process and retain your Personal Information in accordance with this Privacy Notice, we will delete your Personal Information from our systems.

Where permissible, we will also delete your Personal Information upon your request. Information on how to make a deletion request can be found under “Your Rights Related to Your Personal Information”.

For more information on our data retention periods, please send us an e-mail at bangandcherrys@gmail.com .

How We Protect the Security of Your Personal Information

We take appropriate security measures (including physical, electronic, and procedural measures) to safeguard your Personal Information from unauthorized access and disclosure. For example, only authorized employees are permitted to access Personal Information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your Personal Information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your Personal Information. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Information.

You are responsible for always maintaining the secrecy of your unique password and account information. We are not responsible for circumventions of any privacy settings or security measures contained on the Website.

Your Rights Related to Your Personal Information

Subject to local law, you have certain rights regarding the Personal Information we collect, use, or disclose and that is related to you, including the right:

Right of access: you have the right to receive information on the Personal Information we hold about you and how such Personal Information is used, as well as a copy of your Personal Information;
Right to rectification: you have the right to rectify inaccurate Personal Information concerning you;
Right to be forgotten: you have the right to delete/erase your Personal Information;
Right to data portability: you have the right to receive the Personal Information provided by you in a structured, commonly used, and machine-readable format and to transmit this Personal Information to another data controller;
Right to object: you have the right to object to the use of your Personal Information where such use is based on our legitimate interests or on public interests;
Right to restriction of processing: you have the right in some cases, to restrict our use of your Personal Information; and
Right to file a complaint: If you are in the EEA or the UK, you also have a right to file a complaint with your local data protection authority.

If we ask for your consent to use your Personal Information, you can withdraw your consent at any time. Note that in case of a withdrawal of your consent you may no longer be able to use several functionalities of the Website, some of our services or the Website platform as case may be.

You may, at any time, send us an e-mail at bangandcherrys@gmail.com (or follow the links at the end of this Privacy Notice) to exercise your above rights in accordance with the applicable legal requirements and limitations. If you are in the European Economic Area, you have a right to lodge a complaint with your local data protection authority.

Note that some requests to delete certain Personal Information will require the deletion of your user account as the provision of user accounts are inextricably linked to the use of certain Personal Information (e.g., your e-mail address). Also note that it is possible that we require additional information from you to verify your authorization to make the request and to honor your request.

California Rights and Choices

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is also defined under the CCPA. In addition to the rights that we state under this Privacy Notice, and subject to the exceptions found under the CCPA, such Consumers have the right to:

Right to Know: You have the right to request that we disclose certain information about our processing of your Personal Information;
Right to Request Deletion: You have the right to request that we delete Personal Information we processed from you and retained, subject to certain exceptions set forth in the CCPA; and
Right to Non-Discrimination for the Exercise of Your Rights: We will not discriminate against you because you have exercised any of your rights under the CCPA. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.

To exercise the rights described above, please use the links at the bottom of this page or email us at bangandcherrys@gmail.com with the subject line “CCPA Request.” In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: your username and email address that you used to create an account with us, as well as any other information which we may reasonably request for us to verify your identity. We may require you to verify that you have access to your account and/or verify the email account used to register with us.

You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.

We disclose certain categories of California residents’ Personal Information for our business purposes, as described in the section above titled “Disclosure of Your Personal Information”.

Resident’s Rights – Jurisdictions in the United States, Where Applicable

We do not sell, trade, or exchange your Personal Information with anyone for money.

Notice to Law Enforcement
We reserve the right to refuse online service through our Legal Service Process Platform, namely in cases where the above requirements are not met and require formal legal service at the above address. In such event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.

No Rights of Third Parties

This Privacy Notice does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Website.

Our Policy Towards Minors

Our Website prohibits minors from accessing or using its platform in any way. the Website is forbidden to persons under the age of eighteen (18) or the applicable age of majority in the jurisdiction from which the Website is accessed. We do not knowingly collect Personal Information from minors. If you become aware that a minor has provided us with Personal Information in any way, inadvertently, fraudulently or erroneously attempted to provide us such information with the intent to access the Website, please contact us at bangandcherrys@gmail.com to remove such information immediately.

Changes to Our Privacy Notice

We may modify or revise our Privacy Notice from time to time. Although we may attempt to notify you when major changes are made to this Privacy Notice, you are expected to periodically review the most up-to-date version found at this location, so you are aware of any changes, as they are binding on you. If we change anything in our Privacy Notice, the date of change will be reflected in the “Last Modified” date mentioned in the heater of this Privacy Notice.

Contact Information

If you have any questions about this Privacy Notice or our information-handling practices, please contact us at bangandcherrys@gmail.com.

You may also contact us at Korunní 2569/108, Vinohrady, 101 00 Praha 10.

Our Data Protection Officer can be contacted at the following email address: bangandcherrys@gmail.com.

Manage Your Private Data

With respect to Data Protection Laws applicable jurisdictions, the Website’s registered users may request

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