Privacy

PLEASE READ THIS LENSLIFE MOBILE APPLICATION PRIVACY POLICY CAREFULLY. ANY TERMS DEFINED IN THE LENSLIFE MOBILE APPLICATION TERMS OF USE ("TERMS OF USE") SHALL HAVE THE SAME MEANING IN THIS PRIVACY POLICY. THIS PRIVACY POLICY PERTAINS TO OUR USE OF YOUR PERSONAL DATA WHICH WE MAY OBTAIN IN CONNECTION WITH YOUR USE OF THE LENSLIFE WEBSITE AND MOBILE APPLICATION (THE "SERVICE").

The Service is operated by Y.O.L.T. Australia Pty Ltd., of Level 6, 141 Walker Street, North Sydney NSW 2060 Australia ("We"). This policy describes how We collect, use, share, and protect the information collected during registration for and directly through the Service.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING THE SERVICE. DOWNLOADING OR USING THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT DOWNLOAD OR USE THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY.

We may change or add to this Privacy Policy, so We encourage You to review it periodically. If We materially change this Privacy Policy, We'll let You know by showing it to You again when You open the Service.

  1. Who Processes Personal Information

    This Privacy Policy concerns information about an identified individual, about an individual who is reasonably identifiable, or that can be reasonably linked to a specific device ("Personal Information") processed by or for the Service.

    Where Personal Information is collected from You in connection with Your use of the Service or where We obtain Your consent to the use of Your Personal Information, We are responsible for the processing and storing of such Personal Information.

    When You share Personal Information through the Service with third parties (including other users of the Service, "Users"), You may have the ability to delete Your Personal Information from Users' devices, except as described below. Some of Your Personal Information may remain under the control of the third party User in question, including any screenshots taken by the User, even where you designate your Personal Information as "Timed" or "Ephemeral" by sending a 'Peek' message. Where possible, we will attempt to notify You if a screenshot has been taken of your Personal Information, and you may be granted the opportunity to punish the person that took that screenshot, by deleting one or more of their own pictures and associated comments or messages (collectively, "Moments") from their private stream. For more information concerning punishing users who take screenshots of Peeks, please see our Community Rules. If a User's device is not connected to the network when You send a punishment request, the request will be held on our servers and sent to the User's device when it connects with the network again.

    We have no control over the use of Personal Information that You have shared with Users and to that extent, this Privacy Policy does not relate to the use of Your Personal Information by other Users. More specifically, when You choose to share Personal Information with Users through the Service, a number of items of Your Personal Information (Your name, user name, photographs, and location) will be copied and stored on the Users' smartphone or similar digital device. This Personal Information will then be available for use by the Users for general purposes such as recognition of messages. Additional Personal Information items that You may include in Your Service profile (such as Your social media user name(s) and other data fields that may be available) will be available to Users through the Service, for as long as You and the Users are connected through the Service. Personal Information items shared through the Service which are not copied onto other Users' devices will only be available to other Users through the Service.

  2. Information We Collect

    We collect the following types of information in the manner described below.

    1. You may voluntarily provide us with information, including:

      • Your name, email address, user name, password, profile image, location, mobile telephone number, and any other information that You provide in registering for or using the Service;
      • User content (e.g., photos, comments, and other materials) that You post to the Service. When You send or receive messages, We also collect, process, and store the contents of those messages (such as photos and captions) on our servers (other than where content is sent as an ephemeral 'Peek' message, in which case it is typically only stored on our servers for a maximum of 96 hours);
    2. We automatically collect other information about You and/or about Your device, including:

      • Your mobile device information (e.g. device model, operating system version, IP address);
      • The Service features that You use and the time of Your use;
      • Your Contact List/Address Book. To provide the Service, We may periodically access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other Users of the Service or to categorize other mobile phone numbers as "out-network" numbers. "Out-network" numbers are stored as one-way hashed values and encrypted on our servers. We do not collect names, addresses or email addresses of the people in your contact list/address book, just their mobile phone numbers. You should notify us immediately of any breach of security or unauthorized use of Your mobile device. Although We will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for our losses or the losses of others due to such unauthorized use; and
      • Aggregated information that cannot be used to specifically identify You when You use the Service.
    3. "Sensitive" Information:

      We do not seek to collect "sensitive" Personal Information such as sexual orientation, religion, political views, or health. We do not wish to receive any such data and will not request it. If Users of the Service voluntarily post such information on the Service or share it with other Users, the User assumes the risk of such information being accessed, used or distributed by others with whom the information was shared.

  3. How We Use Your Information

    We collect and use Your information for the following purposes, including:

    • The purposes for which You provided it;
    • To process and respond to Your inquiries and comments;
    • To send You information about Your relationship or transactions with us;
    • To develop new products and services;
    • To personalize and enhance Your experience using the Service;
    • To contact You about new features of the Service, including new items you may elect to purchase;
    • To generate and review reports and data about our user base and service usage patterns;
    • To compile aggregate data for internal and external business purposes;
    • To perform other business activities as needed, or as described elsewhere in this Privacy Policy;
    • To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
    • To assist law enforcement and respond to subpoenas;
    • To administer, operate and improve the Service and for internal business purposes;
    • As otherwise stated in this Privacy Policy; and
    • As explained elsewhere in this Privacy Policy, Personal Information We collect may be processed by our partners in providing related services to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of the products, software, hosting services, data migration services and analytical services, among others).
  4. How Your Information is Disclosed

    Information may be disclosed to third parties as set out below. Please note that a user may choose not to share certain information as described in Your Choices Regarding Your Information (Section VIII) below.

    1. Other Users. You can choose to share Moments with other Users in a private stream, containing both Moments and 'Peek' Messages ("Timed" or "Ephemeral" messages which will automatically be deleted from a recipient's device after being viewed by a recipient for a set amount of time designated by You) where Your Moment is shared with only the individuals and groups You select. You may delete a Moment You created from other users' devices at any time, other than where it's a 'Peek' message, in which case it is automatically deleted from the recipient's device upon being viewed by the recipient. It is possible that a Moment deleted by you may remain on some devices if they are not connected to the network or if users take screenshots or otherwise store Moments outside of the Service. We may also retain Moments, including 'Peek' Messages, as described in this Privacy Policy.

      When using the Service, some of Your Personal Information (such as Your user name) may be shared with other users.

    2. Third Party Service Providers and Business Partners. We may use third party service providers and business partners to perform functions in connection with the Service. Examples include functions related to analyzing and improving the Service usefulness, reliability, user experience, operation, storing data, providing users with products and services, verifying Your user account, and as otherwise described in this Privacy Policy. We may share information about You that they need to perform their functions.

    3. Business Changes. If We become involved in a merger, acquisition, sale of assets, bankruptcy, reorganization, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.

    4. Affiliates. We may also share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

    5. Investigations and Law. We reserve the right to investigate fraud and abuse on the Service. We may also retain, use or disclose information about You to third parties if We have a good faith belief that such disclosure is reasonably necessary to:

      • Take action regarding suspected illegal activities;
      • Enforce or apply this Privacy Policy or other agreements with us;
      • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
      • Protect our rights, reputation, safety, and property, or that of Users or others;
      • Respond to claims and legal process (for example, subpoenas); and/or
      • Protect against legal liability.
    6. Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties.

      Analytics. We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by Your device or the Service and other information that assists us in improving the Service. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand Your online activity. We work with Apple, Google Analytics, Flurry and HockeyApp to provide analytics in connection with the Service.

      Google Analytics collects and stores information from users of the Service, such as Your location based on Your device's IP address, Your mobile device type, model information, and operating system it is running, app screens visited and time spent on each screen, places where users click, and total time spent using the app. We use this information to build a better experience for our users.

      Flurry collects and stores information from users of the Service, such as Your location based on Your device's IP address, Your mobile device type, model information, and operating system it is running, Your wireless carrier, whether wi-fi is connected, or not, the version of the app You've installed, app screens visited and time spent on each screen, places where You click, and total time spent using the app. We use this information to build a better experience for our users.

      HockeyApp collects and stores information relating to crashes of the Service, including unique device identifiers and operating system it is running, among other information. This information is automatically collected by HockeyApp. We use this information to improve the Service and as otherwise described in this Privacy Policy.

    7. Overseas Disclosure. Some of the third parties to whom we disclose Your Personal Information may be located outside Australia. The countries in which these third parties are located will depend on the circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to third parties located in the following countries:

      • Australia;
      • Germany;
      • Japan;
      • Singapore;
      • United Kingdom; and
      • United States of America.
  5. Security

    While We take reasonable measures to protect the information You submit via the Service against loss, theft and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet or app transmission is ever fully secure or error free. You should use caution whenever submitting information through an application and take special care in deciding which information You provide us.

    Personal Information that We collect is stored on our servers (which may be located outside the EEA). Personal Information of users stored electronically in our database, except insofar as it is published, communicated or shared by users, is protected with encryption and other security measures.

  6. Data Retention Policy, Managing Your Information

    We will retain Your information for as long as You use the Service and for a reasonable time thereafter. Please note that some or all of the information We have collected may be required in order for the Service to function properly.

  7. Links to Other Websites or Applications

    This Privacy Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that We may not own or operate. The links from the Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies.

  8. Your Choices Regarding Your Information

    You have choices regarding the use of information by the Service. To change Your information, including keeping Your information accurate, please update Your information within the application through Your Profile Page. We will take reasonable steps to change Your information in our possession that You have submitted via the Service.

    If You no longer want this application to collect and use information about You:

    • Uninstall the Service – You can stop all collection of information by the Service by uninstalling the mobile application. You may use the standard uninstall processes available as part of Your mobile device or via the mobile application marketplace or network.

    Upon the termination of a subscription or termination of the Service:

    1. Your right to access and use the Service will immediately terminate; and

    2. all of Your Personal Information and User Submissions will be permanently deleted from the Service, save that –

      1. copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
      2. life reserves the right to retain records of Your Personal Information or other User Submissions that You posted on the Service but only where it is required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it needs to retain such data for other legitimate reasons; and
      3. life will be entitled to retain any de-identified Personal Information which may have been extracted or obtained from Your Personal Information or other User Submissions including any aggregated, anonymised or otherwise de-personalised data.
  9. Do Not Track Policy

    Your browser or device may offer You a "Do Not Track" option, which allows You to signal to operators of websites, web applications, mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. Our Service does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working collect information about Your online activity both during and after Your use of the Service.

  10. Children

    life believes in children's online safety and accordingly requires that any information (including images and data and other content) regarding children under 13 years old must be appropriate for their age and may only be posted on the Service with the explicit consent of the child's parent or guardian. Therefore, You should not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate or identify such a child on or through the Service unless you are the child's parent or guardian, or if you have obtained the parent's or guardian's express consent for the posting of such information. We reserve the right to remove any such information from the Service (acting on our own initiative or upon receiving a complaint) if we are not satisfied that its use on the Service is in accordance with the parent's or guardian's on-going and valid consent, or if we consider that the information is harmful or in any way inappropriate in relation to the child. If You are under 13 years of age, then please do not attempt to submit any information (whether about yourself or any other person) to the Service or otherwise use the Service. We do not knowingly collect personal information from an individual under age 13.

    If You have reason to believe that We may have accidentally received personal information from or about an individual under age 13, please contact us immediately at privacyofficer@lenslife.com.au.

  11. Changes to Privacy Policy

    We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any information. If We materially change this Privacy Policy, We'll let You know by showing it to You again when You open the Service. This Privacy Policy was made effective on the date indicated above.

  12. Access and Correction

    Individuals have a right to request access to Personal Information We hold about them, and request us to correct any inaccurate, out-of-date, incomplete, irrelevant or misleading personal information. If You would like to request access to the Personal Information that We hold about You in our customer databases, please contact us using the details given in Section XV below. We reserve the right to charge individuals a reasonable amount to cover our costs in handling such requests (in accordance with the rates specified or permitted by law in the relevant jurisdiction).

  13. Complaints

    If You are concerned that We have not complied with Your legal rights or applicable privacy laws, You may bring a complaint internally through our complaints process or, Australian residents may decide to make a formal complaint with the Office of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia). Complaints may be filed with national regulators in other jurisdictions in accordance with local legislation.

    We will deal with complaints as follows:

    Step 1: let us know

    • If You would like to make a complaint, you should let us know by contacting our Privacy Officer at the details set out in Section XIV below.
    • A response will be provided within a reasonable period.

    Step 2: investigation of complaint

    • Your complaint will be investigated by our Privacy Officer.
    • A response to Your complaint will be provided in writing within a reasonable period.

    Step 3: (Australian residents only) contact OAIC

    • We expect our procedures will deal fairly and promptly with Your complaint. However, if You remain dissatisfied, You can also contact the Office of the Australian Information Commissioner as follows:

      Office of the Australian Information Commissioner (OAIC)

      Complaints must be made in writing

      Director of Compliance
      Office of the Australian
      Information Commissioner
      GPO Box 5218
      Sydney NSW 2001

      Web: www.oaic.gov.au

      Phone: 1300 363 992

  14. How to Contact Us

    Please also feel free to contact our Privacy Officer at privacyofficer@lenslife.com.au, on +61 2 8035 4453 or at Y.O.L.T. Australia Pty Ltd., P.O. Box 249, Darlinghurst NSW 1300, Australia if You have any questions about this Privacy Policy.

  15. Your California Privacy Rights

    Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties' direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. California residents may make one request each year by emailing us at privacyofficer@lenslife.com.au or writing us at Y.O.L.T. Australia Pty Ltd., P.O. Box 249, Darlinghurst NSW 1300, Australia.