European Privacy Policy

Last modified: 1 September 2021

This Privacy Policy explains how Flourish Labs LLC  (“Flourish Labs”, “we”, “us” or “our”) collects, stores, processes, transfers, uses and shares data that identifies or is associated with residents of the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”) (“personal data”) and information regarding our use of cookies and similar technologies. This European Privacy Policy applies solely to residents of the EEA, Switzerland, and the UK (“you”). Please ensure that you have read and understood this European Privacy Policy before accessing or using the Services. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in our Privacy Policy or as otherwise defined in the European General Data Protection Regulation (“GDPR”).

Flourish Labs is the controller of the personal data we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal data is used.

Legal grounds for processing your Personal Data

The GDPR requires us to tell you about the legal ground we’re relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in the “Our Use of Personal Information” section of our Privacy Policy will typically be because:

  • you provided your consent;
  • it is necessary for our contractual relationship;
  • the processing is necessary for us to comply with our legal or regulatory obligations; and/or
  • the processing is in our legitimate interest (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.)

Personal Data we collect, how we use it and share it

We collect and use personal data as set out in the “Our Collection of Personal Information” and “Our Use of Personal Information” sections of our Privacy Policy. We will indicate to you where the provision of certain personal data is mandatory. If you choose not to provide such personal data, we may not be able to provide those parts of the Services to you or respond to your other requests. We may share your personal data with the recipients as set out in the “Our Disclosure of Personal Information” section of our Privacy Policy.

How long we will store your Personal Data

We store your Personal Data only for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it’s been inactive for seven (7) years.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.

Storing and transferring your Personal Data

Please refer to the “Keeping your information secure” and “International data transfer” sections of our Privacy Policy.

Your rights in respect of your Personal Data

In accordance with applicable privacy law, you have the following rights in respect of your personal data that we hold:

  • Right of access. You have the right to obtain:
    • confirmation of whether, and where, we are processing your personal data;
    • information about the categories of personal data we are processing, the purposes for which we process your personal data and information as to how we determine applicable retention periods;
    • information about the categories of recipients with whom we may share your personal data; and
    • a copy of the personal data we hold about you.
  • Right of portability. You have the right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
  • Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal data we hold about you without undue delay.
  • Right to erasure. You have the right, in some circumstances, to require us to erase your personal data without undue delay if the continued processing of that personal data is not justified.
  • Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal data if the continued processing of the personal data in this way is not justified, such as where the accuracy of the personal data is contested by you.
  • Right to withdraw consent. If you have provided consent for the processing of your personal data, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal.

You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal data, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason.

You also have the right to lodge a complaint to your local data protection authority. 

If you wish to exercise one of these rights, please contact us using the contact details at the end of this European Privacy Policy.

Due to the confidential nature of data processing, we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document.

Marketing

From time to time, we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services.

For some marketing messages, we may use personal data we collect about you to help us determine the most relevant marketing information to share with you.

We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by following the instructions in the messages. If you opt out, we will still send you non-marketing messages, such as those about your account or our ongoing business relations.

Cookies

For information about our and our third-party partners’ use of cookies and related technologies, and choices you have in relation to cookies, please see our Cookie Policy.

Children’s Personal Data

Please refer to the “Children’s Personal Information” section of our Privacy Policy.

Updates to this policy

We will update this European Privacy Policy from time to time. When we make changes to this European Privacy Policy, we will change the date at the beginning of this European Privacy Policy. If we make material changes to this European Privacy Policy, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact us

We welcome your feedback on this European Privacy Policy. If you have any comments, requests or questions, please contact us at: https://myala.app/contact/