Privacy

GENERAL INFORMATION

Last Updated on August 16, 2020. This Privacy Policy is effective immediately for Users after this date. TonApps respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This policy describes: the types of information that we may collect from you when you access or use our Website – and other online Services; and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies only to information we collect through our Services and in the electronic communications sent through or in connection with our Services.

DEFINITIONS

The following terms are used in this Privacy Policy:

“Content”

will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.

“Consent”

means a free, and unambiguous expression of the User’s will under declaration or unequivocal actions pursuant to which the User gives consent to process any Personal data related to him/her.

“Cookies”

are type of messages with a unique identification number that is given to a web browser by a web server. It is transmitted to the User's hard disk drive so that the data controller could distinguish the User's computer from the Internet and see it on the Internet.

“Personal data” or “Data”

means any information about the User whose identity has been identified or whose identity can be directly or indirectly identified (the data subject).

“Services”

means all the Services provided by the TonApps on the Website.

“User” or “you” or “your”,

refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services.

“Website”

means the internet website of TonApps, the address of which is

https://ton.app.

The terms and definitions mentioned in this Privacy Policy are understood as defined and explained in the Regulation, which you can find by clicking on this link.

WHAT INFORMATION DO WE COLLECT FROM OUR USERS?

TonApps may collect and use information of and regarding its Users. We collect only data which is essential to our operations and enables us to provide you with better user experience. The information, through which the person may be identified, may include data, which the User voluntarily enters, uses or provides when using the Services of the TonApps Website TonApps collects and uses the information for the purposes, outlined in this Privacy Policy, as well as to offer new Services to the User or to familiarize him with new functionalities on the Website. We may also use certain performance tracking tools, such as Google Analytics. Through the use of Google Analytics we gather information regarding your behaviour and preferences when using our online platform. We collect two types of information from and about our Users, including information: by which you may be personally identified; and/or about your internet connection, the equipment you use to access our Services and your usage details (i.e. your Internet Service Provider). The information we collect on or through our Services may include: Contact Information: Your contact information, such as email address and other ways of communication. We collect this information in order to provide you with access to certain features of our Services and to inform you about relevant information concerning your use of our Services. Preferences: Your preferences and settings such as time zone and language; We collect this information in order to enhance your user experience. Searches and other activities: The search terms you have looked up and results you selected; We collect this information in order to improve your user experience and provide you with more relevant content and Services. Browsing information: How long you used our Services, which features you used, etc.; We collect this information in order to analyse the behaviour of our users and improve our Services. Communications: Between you and TonApps support staff regarding the Services. We collect this information in order to monitor the quality of our support staff and your communications with us. Transactional information: If you make payments or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions; Location Data: We may collect information about your location if you have instructed your mobile device or computer to send such information via the privacy settings on that mobile device or computer. We may use the location data collected to enhance your use of the Services by providing you with relevant content and contextual advertising.

HOW WE GATHER INFORMATION FROM USERS?

How we collect and store information depends on the pages you are visiting, the activities in which you elect to participate and the Services provided. For example, you may be asked to provide information when you register for access to certain portions of our Website, request certain features, such as e-mail newsletters or when you make a payment. Like most Websites, TonApps also collects information automatically and through the use of electronic tools that may be transparent to our visitors and Users. For example, we may log the name of your Internet Service Provider.

WHAT WE DO WITH THE INFORMATION WE COLLECT?

Like other Websites, we collect information to enhance your visit and deliver more individualised content. We respect your privacy and do not share your information with anyone, except in cases when that proves necessary. TonApps undertakes to store the User's Personal data for a period specified in the applicable laws and other legal acts of the Republic of Lithuania and/or this Privacy Policy, but not longer than is required by applicable laws and regulations of the Republic of Lithuania or pursuant to this Privacy Policy to achieve the goals of Data processing. We will retain the information we collect from you for a period of maximum of 5 /five/ years, or less if it is no longer necessary for the provision of the TonApps Services to you. After the expiry of this period we undertake to delete any information we have collected from you. Aggregate information and information that does not personally identify you, may be used in many ways. For example, TonApps may combine information about your usage patterns on the Website with similar information obtained from other users to help enhance our site and Services (e.g., to learn which pages are visited the most or what features Users find the most attractive). This information does not include any information about you and does not allow anyone to identify you individually. We may use personally identifiable information, collected on the Website, to communicate with you about your registration and customisation preferences; our Terms of Service and Privacy Policy; Services and products offered by or through the Website; and other topics we think you might find of interest. Personally identifiable information collected by TonApps may also be used for other purposes, including but not limited to Website administration, troubleshooting, processing of e-commerce transactions and other communications with you. Certain third parties we work with, such as Google, may use cookies to serve you with better advertisements based on your prior visits of our Website. Moreover, Google may use DoubleClick cookies, which enables it and its partners to serve you more relevant advertisements based on your prior visits to our Website and/or other websites on the internet. You may opt out of Googles DoubleClick cookies at any time, by visiting

http://www.google.com/settings/ads.

RIGHTS OF THE USERS

The User on the Website has the following rights: know what and for what purpose the Personal data is processed; require rectification or erasure of the Personal data; require TonApps to restrict the processing of User’s Personal data for one of the legitimate reasons; to submit claim to the State Data Protection Inspectorate concerning the illicit processing of Personal data or Data infringement; to disagree with the processing of Personal data when this Data is processed or intended to be processed for direct marketing purposes. Any requests or orders in relation to processing of the User’s data, the User has to submit in written to TonApps using the contact information indicated in this Privacy Policy (e-mail or postal address). Next to the request the User has to submit its identity document or identify itself with permissible electronic measures, unless the written request is submitted directly in the presence of the User when there is a possibility to identify him/her. The User has a right to request erasure of all the Data about the User held by TonApps. In the answer to requests of the Users regarding the exercise of right to be forgotten, TonApps undertakes to answer in detail providing the grounds and (or) explanation on why there is no possibility to exercise such right when there is an overriding ground of legitimate interest or, when it is possible – how to exercise such right. When the User submits the request to erase his/her Data, TonApps undertakes without undue delay to erase all Personal data, where one of the following grounds applies: the Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; the User withdraws consent on which the processing is based, and where there is no other legal ground for the processing; the User objects to the processing of his/her Data and TonApps does not determine overriding legitimate grounds for the further processing; the Personal data have been unlawfully processed; the Personal data have to be erased for compliance with a legal obligation in European Union or laws of the Republic of Lithuania. User has a right to request that TonApps would restrict processing of the User’s Data in one of the following cases: the accuracy of the Personal data is contested by the User for a period enabling TonApps to verify accuracy of the Personal data; the Data processing is unlawful and the User opposes the erasure of the Data and requests the restriction of its use instead; TonApps no longer needs the Personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defence of legal claims; or when the User has objected to processing until the verification whether the legitimate grounds of TonApps override those of the User. Where processing has been restricted under the paragraph 6.5 hereof, such Personal data shall, with the exception of storage, only be processed with the User’s Consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. TonApps after receipt of the User’s request or order shall respond and perform the steps in the request or refuse to perform stating the reasons for refusal no later than within 30 (thirty) days from the date of receipt. If necessary, the specified period may be extended by another 2 (two) months depending on the complexity and number of requests. In this case, within 30 (thirty) days from receipt of the application, TonApps informs the User of any such extension, together with a reason for the delay. TonApps might not satisfy the User’s requests, in cases it is necessary to ensure: execution of established legal obligations of TonApps; public order and prevention of crimes; or rights and freedoms of other Users or other third parties. If the User has discovered the unlawfulness of its Data processing or in the event of a dispute with the Data processor, it has a right, at any time, to apply to the out-of-court dispute resolution authority in Lithuania – the State Data Protection Inspectorate, under the rules specified on its website, which can be found here.

RIGHTS OF THE USERS

TonApps won't transfer information about you to third parties for the purpose of providing or facilitating third-party advertising to you. We may share your Personal data with third parties and our partners in some circumstances, including: with your consent to a service provider or partner who meets our data protection standards; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; when we have a good faith belief that doing so will help prevent imminent harm to someone. If we are going to share your information in response to legal process, we'll give you notice so you can challenge it (for example by seeking court intervention), unless we're prohibited by law or believe doing so may endanger others. We will object to requests for information about users of our Services that we believe are improper. Certain third parties who provide technical support for the operation of our Website - our Web hosting service for example - may have access to such information.

ACCESSING & CORRECTING YOUR PERSONAL INFORMATION

We take reasonable steps to accurately record the personal information that you provide to us, as well as any subsequent updates. We encourage you to review, update, and correct the personal information that we maintain about you. You may request that we delete Personal data about you that is inaccurate, incomplete, irrelevant for legitimate purposes, or is being processed in a way which infringes any applicable legal requirements.

SECURITY: HOW WE PROTECT YOUR INFORMATION?

We have implemented appropriate measures in the form of various technical, physical and other means, including, but not limited to measures regarding the security of our electronic systems and databases. These means aim at improving the integrity and security of the personal information that we collect and maintain. However, please be advised that even the best security measures cannot guarantee the full elimination of all risks. If we learn of any violation, breach or danger to our security systems breach, then we will attempt to notify you electronically so that timely and appropriate protective steps can be taken. Apart from informing you via e-mail, we may post a notice through the Website if a security breach occurs. Your personal data safety is of utmost importance to us. We review and strive to improve our security measures on a regular basis. If we detect a breach of our security measures, which has the potential of harming you as individual we will notify you without undue delay.

TERMINATION

If you no longer agree to be bound by this Privacy Policy, you must cease the use of the TonApps Website. If you are dissatisfied with TonApps, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. TonApps reserves the right to terminate or suspend your access to and use of the Website, or parts of them, without notice, if we believe, in our sole discretion that such use is in violation of any applicable law, or harmful to our interests or the interests of another person or entity, or where TonApps has reasons to believe that their use is in violation of this Privacy Policy or the Terms of Use.

CHANGES TO THIS POLICY

TonApps reserves the rights to change this Privacy Policy at any time. Please check this page periodically for changes. Your use of the Services after any such amendment or change in the Privacy Policy shall be deemed as your express acceptance to such amended/changed Privacy Policy and an assent to be bound by such changed/amended Privacy Policy. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

GOVERNING LAW

This Privacy Policy and the use of the Website are governed by the laws of Lithuania. The parties undertake to first try to resolve the dispute with by negotiation. If the parties fail to reach an amicable resolution through negotiation, TonApps agrees to submit the dispute to the competent Court of Lithuania.

COPYRIGHTS

The copyrights of our Website are the property of TonApps. Texts, graphics, photographs, animations, videos and clips, visible on the Website are the object of copyright and are part of the intellectual property of TonApps. Those may not be reproduced, used, presented or represented without an explicit written permission by TonApps. Any distribution of files, obtained by the Users under the Terms and Conditions of the Website, or of parts of such files, constitutes a violation of the relevant intellectual property protection laws and is prosecuted by the law. Nothing contained on this Website may be interpreted as granting a license or right of use as a trademark without the prior explicit written consent of TonApps.

MISCELLANEOUS

TonApps is controlled, operated and administered entirely within Lithuania. If you are accessing the TonApps Website from another jurisdiction, please be advised that you are transferring your personal information to TonApps in Lithuania and, by using the Website, you consent to that transfer and to abide by the applicable laws concerning your use of the Website and your agreements with us. This statement and the policies outlined in this Privacy Policy are not intended to and do not create any contractual or other legal rights in or on behalf of any third party. TonApps may provide a translation of the English version of the Privacy Policy into other languages. You understand and agree that any translation of the Privacy Policy into other languages is only for your convenience and that the English version shall govern your rights and responsibilities. In case there are any inconsistencies between the English version of the Privacy Policy and its translated versions, the English version of the Terms shall prevail.

CONTACT

If you believe TonApps does not adhere to this Privacy Policy, in order to address a question, to resolve a complaint regarding the Website or the TonApps Services, or to receive further information regarding the Services, please contact TonApps via email at info@ton.app.