Privacy Policy

RECENT CHANGES TO THIS POLICY:

Policy effective on:	April 15, 2019
Version Number:	1.0
We changed sections:	N/A

INTRODUCTION

TimeCaps is committed to the operation of fair processes in relation to the collection and use of personal information. This Privacy Policy explains how we will collect and use your personal information and is in addition to our Terms of Use, which can be found here.

You can see details of exactly what information we usually collect, when and how we collect it, why we collect it and how long we will normally hold it for in the table at the end of this Privacy Policy.

TimeCaps Ltd. is the controller in respect of personal information used in connection with the supply of our Services. If you have any questions or concerns in relation to this Privacy Policy you can contact us at [email protected] or write to us at TimeCaps Ltd. Level 3 (Suite No.2337), Tower Business Centre, Tower Street, Swatar, Birkirkara, BKR4013, Malta.

When we use “Capsule” or “The Capsule” in the Privacy Policy, it refers to the TimeCaps’ service which allows users to generate content that includes the time, description, media file (video), video preview, comments, likes, subscribed users, owners, locked/unlocked status and delete option from timeline/feed.

WHAT INFORMATION WE MAY COLLECT

We collect information about you from a number of different sources including from you directly and from third parties.

Information you choose to give us.

When you sign up to use our services, we collect information that you choose to share with us, such as the username you would like to go by, a phone number and your name.

We will ask you to provide additional information that will be publicly visible to other users through our services, such as your account picture, a name or other useful identifying information.

You will also provide us with whatever content and materials you send to your friends through our Services.

Content in the Capsules that you send via our services can be shared, copied and used outside of our application. Specifically, do not send messages or share content that you would not want another user, including the recipient, to save or share.

Whenever you contact us in any way, we will collect whatever information you provide to us.

Information we get when you use our services

When you use our Services, we collect information about the Service you used and how you have used it, including information about your device which may include your location.

Information we receive from third parties.

We may collect information about you from other users and third parties, such as when other users upload their contact list or if you interact with advertisers within the application who may share information with us relating to the performance of adverts.

HOW WE USE YOUR INFORMATION

Provide, personalise and improve our Services. We use your information to deliver our Services to you and your friends to whom a Capsule is shared, including personalising the features and content.
Enhance the safety, integrity and security of our Services. When you or your friends report a problem or suspicious activity, we use the information that we have to verify you and your activity, combat harmful conduct and content, detect and prevent spam and other negative experiences which are not compatible with being respectful of others, maintain the integrity of our services and promote safety and security on TimeCaps. We also use your data to investigate suspicious activity or breaches of our Terms of Use.
Verify your identity and prevent fraud or other unauthorised and illegal activity.
Monitor and analyse trends and usage.
Use information from cookies we have collected to enhance our services and your experience with them.
Enforce our Terms of Use and other policies.

SHARING OF INFORMATION

When you use our service, you may want to share information about yourself with your friends and as a result, we may share information about you in following ways:

Receivers of Capsules you send: We share your information to friends and people who have access to TimeCaps (i.e. friends who are tagged or mentioned in TimeCaps or a Capsule).
With our service providers: We may share your information with our third party subcontractors to provide our Services to you. Our service providers may also include professional advisors such as bankers, accountants, lawyers or other third parties who may have access to your data as necessary for the provision of their services on our behalf.
With business partners. We may share information about you with our business partners in order to provide the Services (or any part of them) including any additional services or functionality.
For legal reasons. We may share information about you if we reasonably believe that disclosing the information is required to comply with any valid legal processes, government requests, or applicable law, rule or regulation, investigate remedies, enforcing potential violations of our Terms of Use, to protect the rights, property and safety of our company, our users and others, to detect and resolve any fraud or security concerns.
With advertisers. We provide advertisers with reports about the kinds of people who view their ads and how their ads are performing but we do not share information that personally identifies you unless you give us permission to do so.
With measurement partners. We share information about you with companies that aggregate the information to provide analytical and measurement reports for our products.
Changes to our business. We may share information about you if we sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

LEGAL BASIS FOR PROCESSING YOUR DATA

We will use your personal data when the law allows us to do so, for the following reasons:

where it is necessary to fulfil our Terms of Use or any other contract we might have with you to provide our services;
where you have consented to the data processing by posting content or making choices to personalise the app, which you may revoke at any time using the settings functions;
as necessary to comply with our legal obligations (such as those we owe to regulators and other government bodies);
where necessary to protect your vital interests, or those of others;
as necessary for our legitimate interests or the legitimate interests of a third party, including our interests in providing an innovative, personalized, safe and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.

YOUR RIGHTS AND PROTECTIONS UNDER GDPR

If you are within the European Union you have the additional rights to access, rectify, port and delete your data under the GDPR. You can do any of this by visiting TimeCaps settings. You also have the right to object to and restrict certain processing of your data:

if we provide you with marketing communication, you will have the right to object to our processing of your data for direct marketing which you can exercise by using the “unsubscribe” link in such marketing communications;

the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.

You can edit information about yourself in your account at any time, and manage the content that you post through Capsules.

Many of our external third parties are based outside the European Economic Area (the "EEA") so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

we may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

If you are based in the EU, you can always file a complaint with the supervisory authority in your Member State.

THIRD-PARTY CONTENT AND INTEGRATIONS

Our service may contain third-party links and third-party integrations. You may be providing information directly to this third party, us, or both. We are not responsible for how these third-parties collect or use your information, therefore please read their policies carefully.

COOKIES

We use cookies and/or other tracking technologies to distinguish you from other users of our website, the TimeCaps app, the distribution platform or appstore that you downloaded our app from, and to remember your preferences. This helps us to provide you with a good experience when you use the TimeCaps app or browse our website, allows us to improve the TimeCaps app and our website, and allow us to monitor the performance of advertising. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.

HOW LONG WE KEEP YOUR INFORMATION

We will usually store information for the periods set out in the table below but we may keep information for longer where necessary in connection with our right to establish, commence or defend any legal actions or if we suspect illegality has occurred. If you do not give us the information we may ask for, we may not be able to provide some or all of our Services.

Please note that deleting an account with TimeCaps will not delete information third parties (advertisers) receive about you if you interact with them while using TimeCaps. Deleting the account will not affect any other peoples accounts who have posted information that includes your personal data.

We may also retain certain information in backup for a limited period or as required by law.

Only the author of a Capsule or TimeCaps can delete individual Capsules. If a Capsule is deleted, it is deleted in its entirety, and will be removed from your account and from your friends' timeline/feed.

When your account is deleted, we delete all things that you have posted, Capsules sent, status updates, and comments and you will not be able to recover this information at a later date.

Information that has been re-shared, reposted, saved or copied by other users within or outside of TimeCaps will not be deleted.

Information that others have shared about you does not form part of your account and will not be deleted.

We may suspend or delete your account if you do not comply with our Terms of Use. Depending of the nature of the non-compliance we may give you a warning and/or an opportunity to change your behaviour but we do not have to.

CHILDREN

Our services are not intended for anyone under the age of 13 which is why we do not knowingly collect personal information from anyone under 13 years of age. In addition, we may limit how we collect, use, and store some information from EU users between 13 and 16 years old. It is your responsibility to provide correct and true information about your age.

HOW WE RESPOND TO LEGAL REQUESTS RELATING TO YOUR DATA

If any supervising authorities or law enforcement bodies require your personal data, we will share it on the basis of legal requests and if we have a good-faith belief that the law requires us to do so. We will also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with internationally recognized standards.

We will also respond to legal requests when we have a good-faith belief that it is necessary to: detect, prevent and address fraud, unauthorised use of TimeCaps, breaches of our Terms of Use or other harmful or illegal activity to protect ourselves (including our rights, property or Services), you or others, including as part of investigations or regulatory enquiries or to prevent death or imminent bodily harm.

UPDATES OF THE PRIVACY POLICY

We may change this Privacy Policy from time to time and we will let you know when we do so.

SPECIFIC INFORMATION ABOUT HOW WE USE YOUR DATA

When and how we collect it	What we usually collect	Why we collect it	What is our lawful basis for collecting it	How long we will normally hold it for
Information you submit when you create your account	Your name, email address, phone number, date of birth, username, profile picture	To administer your account with us and to provide you with the Services. To verify your identity and prevent fraud or other unauthorised and illegal activity. To enforce our Terms of Use and other policies.	Your consent Performance of a contract with you Necessary for our legitimate interests Necessary to comply with legal obligations	While your account is active and for 6 months after your account has been closed.
Background Information from when you interact with our Services	We collect information about your activity though our services and how and when you communicate with your friends. This includes who you send Capsules to, who you receive Capsules from and when you open the Capsules you have received. We may collect information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors.	To ensure that you are able to send or receive Capsules to or from your friends. To allow us to improve the Services (including adding additional functionality) by learning about how you use them.	Performance of a contract with you Necessary for our legitimate interests	While your account is active and for 6 months after your account has been closed.
When you create send and receive Capsules	The content you create, send and store including any photos, videos or sound from your device's camera, microphones or storage media, and metadata information such as when each Capsule is such as when it is created, posted, sent and opened.	To ensure that you are able to send or receive Capsules with photos, video or sound to or from your friends.	Performance of a contract with you Necessary for our legitimate interests	Until that Capsule is deleted or until your account is closed (whichever occurs first).
Device Information from when you interact with our Services	We collect information about the device you use, such as the hardware model, operating system version, device memory, advertising identifiers, applications installed, unique device identifiers, browser type, language, battery level, time zones, wireless and mobile network connections, Bluetooth signals, your phone number, service provider, signal strength, headphones connection, microphones and other device sensors.	To allow us to improve the Services by learning about how you use them. To fix bugs and stability issues that may affect certain devices.	Your consent Necessary for our legitimate interests Necessary to comply with legal obligations	While your account is active and for 6 months after your account has been closed.
When you invite friends to join	Contact list	To ensure that you are able to send or receive Capsules to or from your friends.	Your consent Necessary for our legitimate interests	While your account is active.
When you interact with our Website	We may collect, details about how you have used our services; device information, such as web browser and language; access times; IP address; pages viewed; identifiers associated with cookies or other technology.	To allow us to improve the Services by learning about how you use them. To fix bugs and stability issues that may affect certain devices.	Your consent Necessary for our legitimate interests	While your account is active or in accordance with our Cookie Policy