Privacy Policy LIVE
Effective: 19.09.2022
Introduction
This Privacy Policy Live applies to the processing of your personal data in the context of the Live Video feature (" LIVE") operated by LOVOO GmbH under the Terms and Conditions for the use of the Live Video feature by Lovoo. LIVE is accessible via the LOVOO dating application (" LOVOO App") and the applications of our partners set out in the table below. Read on to find out what personal data LOVOO collects, how we handle this data, and the choices you (also referred to as " LIVE user") have as a user when using LIVE.
| Application name("Application") | Application provider ("Partner(s)") | Contact details | Link to privacy policy |
|---|---|---|---|
| JoynMe | Seven.One Entertainment Group GmbH ("SOEG") | Medienallee 785774 UnterföhringGermanyEmail: joynme.datenschutz@seven.one | https://middleware.p7s1.io/live-app/v1/legal/data-policy?product=liveapp&os=browser&device=desktop&country=de |
Please refer to our Cookie and Tracking Policy for information on how we process personal data related to tracking technologies when you use LIVE.
For information on how we process personal data related to our other services, including the LOVOO App, please Privacy Policy LOVOO.
Contents
Contact / Data Controller / Data Protection Officer / UK Representative
Joint Control
Collection, Use and other Processing of Personal Data
Processing Purposes and Relevant Legal Bases
From whom do we get your personal data?
Forwarding of Personal Data to Partners; Third Parties; Service Providers
Forwarding of Personal Data to Non-EEA Countries
How Do We Protect Your Personal Data?
Duration of Storage; Retention Requirements
Are You Required to Provide Us with Personal Data?
Overview of Data Subject Rights
Tracking Technologies
Appendix: Technological Information
Contact / Data Controller / Data Protection Officer / UK Representative
Unless otherwise specified in this Privacy Policy Live or our Cookie and Tracking Policy, the data controller responsible for the processing of your personal data is LOVOO GmbH (hereinafter "LOVOO," "we," or "us").
If you would like to get in touch with us, you can contact us using the following information:
LOVOO GmbH, Customer Care Team,
Prager Strasse 10
01069 Dresden
Germany
datenschutz@lovoo.com (email)
Our Data Protection Officer can be reached at:
Dr. Stefanie Wegener
datenschutz@lovoo.com (email)
c/o PE Digital GmbH
Speersort 10
20095 Hamburg
Germany
If you have any comments or suggestions regarding privacy, please do not hesitate to contact us or our Data Protection Officer.
Our UK-Representative is:
eHarmony UK Ltd.
6-10 Great Portland Street
London W1W 8QL
Great Britain
Joint Control
In the context of LIVE, LOVOO and these Partners are joint controllers to the extent that LOVOO and these partners jointly determine why and how your personal data shall be processed to provide LIVE to you via the Application you are using. For example:
If you are using LIVE to engage with persons who are using the same Application as you, LOVOO (which operates LIVE) and the provider of the Application are joint controllers regarding the personal data processed for the provision of LIVE.
If you are using LIVE to engage with persons who are using other Applications than you to access LIVE, LOVOO, the provider of the Application you are using as well as the provider(s) of the other relevant Application(s) are joint controllers regarding the personal data processed for the provision of LIVE.
LOVOO and its Partners have entered into joint controller arrangements with respect to processing activities carried out as joint controllers. In these arrangements the joint controllers, in particular, have determined the following:
LOVOO is responsible for informing you about the essence of the joint controller arrangements.
You may contact LOVOO to exercise your data protection rights with respect to personal data processed under joint control as outlined in this section "Joint Control". To do this, please refer to the information in the section "Contact".
Please note that irrespective of the possibility to contact LOVOO, you may alternatively exercise your rights in respect of and against each joint controller (each Partner).
LOVOO and its Partner(s) shall inform you about their processing activities related to your personal data in their publicly available privacy policies (links to the privacy policies of LOVOO's Partners are referenced in the table above).
LOVOO and its Partners shall implement appropriate technical and organisational measures to ensure an adequate level of security for personal data processed as joint controllers.
LOVOO shall implement appropriate safeguards for any transfer of personal data of LIVE users if the personal data is transferred to a recipient located outside the EEA/UK as pointed out below at section 8.
In the context of LIVE and subject to the joint control, LOVOO and its Partners shall only share and otherwise process the categories of personal data outlined in the section "Collection, Use and other Processing of Personal Data" and for the purposes listed below.
LOVOO and its Partners may share and otherwise process the categories of personal data with respect to the provision of LIVE described in the section "Collection, Use and other Processing of Personal Data".
Such personal data may be processed under joint control as necessary for the purpose of providing the following functionalities related to LIVE:
participation in the chat to communicate with other users;
enable participation in live streams;
moderation of the use of live streams;
supporting (e.g., training) users with respect to becoming live streamers via LIVE;
management of VIPs;
management of virtual gifts in the context of live streams;
fraud prevention;
age verification and
customer support.
For other processing activities, LOVOO and its Partners are separate controllers; for example, with respect to the following processing operations (this list is not complete):
any processing of personal data by the Partner in the context of the provision of Application;
any analysis of user behaviour by the Partner in the Application;
any processing of personal data by LOVOO when providing services other than LIVE not in scope of the services provided under the T&C LIVE.
These processing operations under separate control are not in scope of this Privacy Policy. Instead, they are described in the Privacy Policy LOVOOor in the privacy policies of LOVOO's Partners, which are referenced in the table in the section "Introduction".
Collection, Use and other Processing of Personal Data
Personal data is all information pertaining to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth, and email address).
When we process personal data, this means that we collect, store, use this data, forward it to others, delete it or otherwise handle such data.
You provide your personal data on a voluntary basis when entering into a contractual relationship with LOVOO or as part of an existing contractual relationship with LOVOO. You are not required to provide special categories of personal data (e.g., the gender you are interested in, which is data relating to sexual orientation), in order to use LIVE. However, you must make some of your profile data visible to other LIVE users in order to use LIVE.
Please note that we provide LIVE in many different countries and some profile data is visible to other users in all of these countries. Your profile will be displayed in the country corresponding to the location information provided to us by the Partner whose Application you are using to access LIVE, provided you have consented to this, and the search settings of the respective user. If you do not consent to this, we will use your IP address and country code to set your approximate location to your country's capital.
In the context of LIVE (i.e., if you use LIVE), LOVOO may process the following categories of personal data with respect to the provision of LIVE.
What Data of LIVE Users May Be Processed Regarding LIVE?
Profile data (unless you are accessing LIVE via the LOVOO App, profile data will be transferred from the Partner who provides the Application you are using to access LIVE to LOVOO; which types of data are transferred by the Partner depends on the specific Application and the information you provided to the respective Partner):
Shared and generated content (to enable LIVE users to generate and share content with other LIVE users, e.g., via chat):
Meta data (to enable LIVE users to generate and share content with other LIVE users, e.g., via chat):
Data related to content moderation of livestreams (to allow for content moderation):
Data related to virtual gifts (to enable LIVE users to send, receive or cash-out virtual gifts)
Data related to talent and VIP management to support LIVE users with respect to becoming streamers via Live and to manage VIPs)
Data related to fraud prevention (to prevent fraud)
Data related to age verification
Records of communication with the Customer Care Team, including email addresses (to provide support)
Data related to support activities (to provide support to LIVE users)
Data related to information technology and platform security (to ensure information technology and platform security)
Data related to search filters (to enable LIVE users to apply search filters to find content they are looking for (e.g., filter applied with respect to gender))
Usage data with respect to LIVE users' devices / browsers (to enable access to LIVE)
If you do not want this personal data to be processed, you are advised not to use LIVE respectively to not provide the respective consent.
Communication Between Users, Communication with Our Customer Care Team, and Communication via Video Chat
Communication between LIVE users is TLS encrypted.
Please bear the following in mind with regard to communication with our Customer Care Team:
If you communicate with our Customer Care Team
using the contact form, the transmission will be encrypted; our response to your request is encrypted during transport where your mail provider supports Transport Layer Security (TLS) transport encryption;
via email, the transmission of emails will be encrypted during transport where your mail provider supports Transport Layer Security (TLS) transport encryption.
If you would like to communicate via email using content encryption, we kindly ask that you contact LOVOO by post instead. Our address is available in the section "Contact".
For authentication reasons, please make sure that you only communicate with LOVOO using the email address you were using during the registration process in the LOVOO App respectively the Application which you used to access LIVE.
As a user, you can use our video chat feature to communicate with one other user. End-to-end encryption is used for this type of communication between two users. You can also use our live stream on LOVOO; this live stream can be viewed by many users. Information and data are encrypted during transport.
In this context, LOVOO and its Partners use a service provider based in the USA (The Meet Group, Inc.), with whom LOVOO has concluded a data processing agreement. It includes the EU standard contractual clauses.
Push Notifications
If your mobile device supports this and if you consent to push notifications for the application on your device (iOS platform and Android 13 and above), we will send you push notifications when you use LIVE, even if you are not using the app at the time. These are messages that we send you in the course of fulfilling the contract, as well as promotional information.
You can modify or stop the receipt of push notifications at any time in the device settings of your mobile end device or in LIVE.
Processing Purposes and Relevant Legal Bases
In the context of LIVE, LOVOO may process your personal data for the following purposes and relies on the listed legal basis for such processing:
to provide you with LIVE and related functionalities via the Application you are using to access LIVE; for such processing, LOVOO relies on the legal basis "performance of a contract" (Art. 6 (1) (b) of the General Data Protection Regulation respectively the General Data Protection Regulation as incorporated into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (together " GDPR")).
With respect to location data, LOVOO relies on your consent (Art. 6 (1) (a), Art. 7 GDPR).
With respect to sexual orientation, LOVOO relies on your explicit consent (Art. Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR) or on the exception in Art. 9 (2) (e) GDPR provided that you have publicly disclosed your sexual orientation (e.g., in a live stream).
for moderating live streams; for such processing, LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its, its Partner's / Partners' and other users' (who are participating in LIVE) interests in live streams provided in a pleasant and safe environment.
to carry out talent and VIP management, LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its and its Partner's / Partners' interests in identifying, recruiting, and training users to become live streamers and in managing VIP programs for users who give virtual gifts to streamers.
to prevent fraudulent behaviour, LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its interest in protecting LOVOO, its Partners and LIVE users from fraudulent behaviour and related potential damages.
With respect to biometric data (verification of user identity via facial recognition takes place only when there is a reasonable suspicion that a user is not the person he or she claims to be), LOVOO processes such data for the establishment, exercise or defence of legal claims (Art. 9 (2) (f) GDPR).
to verify the age of users who wish to use the live streaming function of LIVE, LOVOO generally relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its and its Partner's / Partners' interests in protecting minors from any harm that might result from presenting themselves to a broader audience via live streaming.
For the purpose of age verification, LOVOO will first use a screenshot of the relevant user's face to determine the user's age. If the age verification based on such screenshot fails (i.e., the result indicates that the user has not yet reached the age of 18), another check will be carried out based on a scan of the user's face.
Exceptionally, if LOVOO is unable to verify whether a user has reached the age of 18 via the age verification process based on a screenshot and scan of the user's face, LOVOO will rely on user's explicit consent (Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR) to allow for an additional possibility for a user to verify user's age based on a scan of user's face and an identification document with a picture of the user (e.g., driver's license). For this purpose, LOVOO will compare the biometric data contained in the scan of the user's face against the provided identification document.
to carry out business analytics related to LIVE, LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its and its Partner's / Partners' interests in understanding how LIVE performs from a business perspective.
to analyse user behaviour related to LIVE; for such processing, LOVOO relies on your consent (Art. 6 (1) (a), Art. 7 GDPR).
to show personalised advertisements to users of LIVE via said function (if applicable); for such processing, LOVOO relies on your consent (Art. 6 (1) (a), Art. 7 GDPR).
to show advertisements to users of LIVE via said function; for such processing (if applicable), LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its and its Partner´s / Partners` interest in operating its business in a commercially meaningful way.
to send emails and/or push notification related to LIVE (which are not promotional) and respond to requests related to LIVE, LOVOO relies on the legal basis "performance of a contract" (Art. 6 (1) (b) GDPR) or - where no contract exists between the relevant LIVE user and LOVOO – "legitimate interests" (Art. 6 (1) (f) GDPR). Where LOVOO relies on "legitimate interests", LOVOO pursues its interests in providing support as well as to answer requests to ensure LIVE-user satisfaction.
to carry out potential sales of all or part of our asset(s) and/or activities; for such processing LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO has an interest in potentially disclosing and otherwise processing information regarding its assets and activities to potential buyers or acquirers, and their external counsel to facilitate sales of such assets and/or activities.
to comply with legal obligations to which LOVOO is subject; for such processing, LOVOO relies on the legal basis (i) "compliance with legal obligations" (Art. 6 (1) (b) GDPR) where such obligation originates from EU or EU Member State law or (ii) "legitimate interests" (Art. 6 (1) (f) GDPR) where such obligation originates from other jurisdictions. Where legitimate interests are relevant, LOVOO pursues its interests in complying with legal obligations to which LOVOO is subject.
to safeguard our rights; for such processing, LOVOO relies on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, LOVOO pursues its interests in establishing, exercising and defending legal claims.
Information on processing purposes and the legal basis of the processing of personal data using tracking technologies when LIVE is used is available in our Cookie and Tracking Policy.
From whom do we get your personal data?
We may receive the categories of personal data outlined in section "Collection, Use and other Processing of Personal Data" above from the Partners referenced in the table at the beginning of this Policy, depending on which Application you are using to access LIVE (some data only if you have consented accordingly).
Other personal data is collected directly when you are using LIVE.
Forwarding of Data to Partners; Third Parties; Service Providers
Forwarding of Data to Partners (i.e., the providers of the Application you are using to access LIVE)
LOVOO will disclose your personal data to its Partner(s) where this is necessary to provide the functionalities related to LIVE (e.g., live streams, account balance diamonds and account balance credits). Insofar as certain categories of personal data may be shared with our Partner(s), we have mentioned this in the section "What Data of LIVE Users May Be Processed Regarding LIVE?".
Forwarding of Data to Third Parties
As a rule, LOVOO will only disclose your personal data to third parties if this is required to fulfil a contract, if we or the third party have a legitimate interest in disclosing the data, if you have provided your consent, or if this is required to fulfil a legal obligation. To the extent that personal data is transferred to third parties on the basis of a legitimate interest, we explain our legitimate interest in this Privacy Policy LIVE.
The personal data may also be transferred to the following third parties:
where required, to third parties which are providers of marketing tracking technologies and analysis tools (more information on this is available in our Cookie and Tracking Policy;
to third parties (such as state authorities and courts) if we are required to do so by law or by enforceable official or court order in individual cases;
to consultants (lawyers and economic/operational auditors) and courts in relation to legal disputes, debt collection cases or economic or operational audits;
to the competent investigative authorities with regard to possible criminal acts;
to the (potential) acquire in the event of sale of the business;
to payment services provider(s) / app store operators: no payment data is collected or processed by us (or our Partners) when a purchase is made. Depending on the payment method you select during the ordering process, we forward the data collected for the processing of payments (e.g., bank details or credit card data) to the bank responsible for the payment, to the payment service providers contracted by us or the app store operator (if you make in-app purchases using such app store operator); the privacy policy of the respective payment service provider / app store operator will apply;
fraud prevention services provider.
If data may be transferred to other third parties on a regular basis, this will be explained in this Privacy Policy LIVE or in our Cookies and Tracking Policy. In the event of a transfer based on your consent, the explanation may also be provided when consent is obtained.
Service Providers
LOVOO reserves the right to appoint service providers to collect or process personal data. LOVOO only sends service providers the personal data they need for their specific activity.
Besides service providers identified by name in this Privacy Policy LIVE or in our Cookie and Tracking Policy, LOVOO uses the following (categories of) service providers:
The Meet Group, Inc. which provides the infrastructure and systems necessary to offer LIVE in the LOVOO App and Applications (USA)
Video features provider which provides systems necessary to offer video features in LIVE
Customer relationship services provider / marketing support provider to send emails and push notifications to LIVE users
Hosting services provider to provide LOVOO with server capacity
Moderation services providers to allow for moderation related to LIVE
Age verification services providers to allow for age verification
Chat services provider to allow for support
Video conferencing tool provider to allow for support
Analytics tools providers (more information on this is available in our Cookie and Tracking Policy.
Service providers are generally contracted as processors who may only process the personal data in accordance with LOVOO's instructions.
At LOVOO, only persons who are required and necessary for the fulfillment of their tasks receive the personal data.
Forwarding of Data to Non-EEA/UK Countries
Your personal data may also be disclosed to third parties or processors located in non-EEA countries our outside the UK. In this case, prior to the transfer, we ensure that the recipient has an adequate level of data protection, e.g., based on an adequacy decision of the EU Commission or Information Commissioner's Office (as applicable) for the respective country pursuant to Article 45 EU/UK GDPR or the agreement of standard contractual clauses with the recipient pursuant to Article 46 EU/UK GDPR, together with additional technical and organizational measures (as needed).
You are entitled to request from us an overview of the specific recipients (processors) in third countries and a copy of the specifically agreed regulations (standard contractual clauses) to ensure an adequate level of data protection. To do this, please refer to the information in the section "Contact".
How Do We Protect Your Data?
LOVOO adopts various security measures, such as state-of-the-art encryption and authentication tools, to protect the security, integrity, and availability of its users' personal data. These measures are specified below:
Duration of Storage; Retention Requirements
We store your data for as long as this is required to provide LIVE or we have a legitimate interest in continued storage. In all other cases, we delete your personal data with the exception of data that we are required to keep for longer in order to comply with contractual or statutory (e.g., fiscal or commercial) retention periods (e.g., invoices).
We restrict the processing of data that is subject to a retention period until the period expires.
As soon as you revoke your consent or assert your right of revocation, we will delete the data immediately. You can contact our Customer Care Team and request the erasure of your data. In such a case, all your data is deleted, unless statutory retention requirements or another reason (e.g., defense or enforcement of claims, evidence reasons, incidents of misuse, billing purposes, another legitimate interest) requires the further storage or processing of your data.
LOVOO stores log files for up to 90 days, after which they are deleted. Log files for which further retention is required for evidence purposes are exempt from deletion until the relevant incident has been definitively clarified and may be passed on to investigating authorities in individual cases.
In connection with the assertion of data subject rights or user communication with LOVOO, LOVOO stores the data required for the purpose of fulfilment or proof during the respective limitation period (which is up to four years).
Are You Required to Provide Us with Personal Data?
You are not legally or statutorily required to provide us with your personal data. However, the use of LIVE requires that the Application which you use to access LIVE provides certain information to us. If you do not want this to happen, you will not be able to use LIVE.
Overview of Data Subject Rights
How can you assert your rights?
Please refer to the information in the section "Contact" to assert your rights and enable us to clearly identify you when you assert your rights.
Right to Information and Right to Rectification
You have the right to request information from LOVOO as to whether we process personal data pertaining to you. You also have the right to information about this personal data and details on the category of data that is stored, the purpose of processing, any recipients, the storage period, and the data subject rights to which you are entitled. If your data is incorrect or incomplete, you can request that your data be rectified or completed. If we have disclosed your information to third parties, we will inform them of the rectification where this is a legal requirement.
If you would like to assert a right to information, please refer to the details provided in the section "Contact".
Your right to erasure
Provided that the legal requirements are met, you may demand that we immediately erase your personal data. This is particularly the case where
Please note that your right to erasure is subject to limitations. For example, we must or may not erase any data that we are still required to retain due to legal retention periods. Data that we need to assert, exercise or defend legal claims are also exempt from your right of erasure.
Please note that your data will initially only be restricted from processing if there are retention requirements that prevent erasure.
Your Right to Restriction of Processing
Provided that the legal requirements are met, you may demand that we restrict processing. This is particularly the case where
Your Right to Data Portability
You have the right to receive personal data, which you provide to us to fulfill a contract or on the basis of consent, in a portable format. In this case, you may also request that we transfer this data directly to a third party, provided that this is technically feasible.
Your Right to Revoke Consent
If you have granted us consent to process your data, you may revoke this consent at any time with future effect. The lawfulness of the processing of your data until the time of revocation remains unaffected by this.
If you have provided us with data regarding your sexual orientation (gender you are interested in) or allowed us to collect your location from the Partner whose Application you are using to access LIVE, this happened based on your consent. You may revoke this consent at any time with future effect. The lawfulness of the processing of your data until the time of revocation remains unaffected by this. From the time you object to the processing of your sexual orientation data, matches can no longer be made unless you consent again to the processing of your sexual orientation data, and LOVOO will no longer be able to provide its services as described in the T&C LIVE as a result of your objection. To revoke your consent to the processing of your gender preference information, please email our Customer Care Team at support@lovoo.com with "Objection to use sexual orientation data" in the subject line.
Your Right to Object to Direct Marketing
You may also object to the processing of your personal data for direct marketing purposes ("objection to advertising") at any time, provided that the data processing is conducted on the basis of legitimate interest. Please note that there may be an overlap between your revocation and the use of your data in the context of an ongoing campaign for organizational reasons.
Your Right to Object on Personal Grounds
You have the right to object to data processing by us for reasons related to your particular situation, provided that it is done on the legal basis of legitimate interest. In compliance with legislation, we will then stop processing your data unless we can prove that there are compelling legitimate grounds to continue processing your data that override your rights.
Right to Lodge a Complaint With a Supervisory Authority
You have the right to lodge a complaint with a data protection supervisory authority. You may contact the data protection authority at your place of residence, at the place of an alleged infringement, or the data protection authority competent for us.
This is:
The Saxon Commissioner for Data Protection and Freedom of Information
Dr. Juliane Hundert
Devrientstrasse 5
01067 Dresden
Phone: 0351/85471 101
Fax: 0351/85471 109
Email: saechsdsb@slt.sachsen.de
If you are resident or habitually residing in the UK, you may also contact the competent data protection supervisory authority in the UK:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, phone: +44 (0) 303 123 1113, email: casework@ico.org.uk
Tracking Technologies
Information on tracking technologies that are used in LIVE is available in our Cookie and Tracking Policy. If personal data is processed in relation to tracking-based processes, you will also find more detailed information on the purposes of such processing. Information on how you can object to such processing is also available in our Cookie and Tracking Policy.