Privacy Policy

Your data is safe with us.

It is important for us to ensure that personal data is kept safe and used legitimately. This policy sets out how we use and protect any personal data that you give us or that we collect when you use our app.

This policy does not deal with how others might use and handle your data, and we recommend that you read their privacy policies to find out how they will use your data and keep it safe. This includes operators of apps and websites to which our app might include links.

We may change this policy from time to time by updating this policy and we will let you know when we do so.

  1. WHO WE ARE

    We are FortuneFish Limited ("FortuneFish", "we", "us") and we operate Fashion AR. We are a company registered in England and Wales and can be contacted at:

    Address: 4 Experian Way, NG2 Business Park, Nottingham, NG21EP

    Email: privacy@fortunefish.co.uk

    As the operators of Fashion AR, under data protection law we are considered the "controller" of personal data processed by the app and are therefore responsible for this data. We are required to comply with data protection law.

    If you have any questions about this policy or more generally about how we use and protect your data please do not hesitate to contact us at privacy@fortunefish.co.uk

  2. What information do we collect

    We collect and use ("process") your personal data when you use our app, including when you create a profile, use our discussion forums, contact us to give us feedback or report problems and when you upload photos. We also process your personal data which others may choose to provide to us, for example, if they refer to you in our discussion forums, when they contact us or when they upload photos which include you.

    More specifically we may process the following personal data:

    1. Information you give us. This includes your:

      • account information including your username;
      • your confirmation that you are at least 13 years old;
      • your image if you upload pictures onto the app. Images can also contain information about your location and companions, and the date the picture was taken;
      • comments you make and content you share in the discussion forums;
      • messages you send to and receive from other users;
      • your preferences in relation to the app;
      • information you give us when you provide us with feedback or report problems, including your contact details and information about your experience when using the app;
      • legal information such as a record that you have agreed to our Terms of Use or if you confirm to us that you have obtained the consent of a third party.
    2. Information we collect about you We may also collect the information about you when you use our app, communicate with us or interact with communications that we send you including information about:

      • your profile, including your styles and preferences;
      • your use of the app including how, when and for how long you access the app and play the game;
      • your performance in the game such as how others interact with the photos which you upload;
      • information about your interactions with others on the app for example which photos you interact with and replies posted by others to your comments in the discussion forums;
      • information about your device such as your device number, MAC address, IP address, information about its configuration such as the screen resolution, type and model of the device, operating system, storage space available, time zone, language and internet connection.
    3. Information provided to us by or collected from third parties. The information mentioned above may be provided to us by other users of the app. We may also receive the following from the app store platform from where you download the app:

      • information relating to your purchase of payment tokens and other in-app purchases;
      • information relating to your Subscription payments.
  3. What do we do with the personal data

    We use your personal data in the different ways set out below. The second column identifies the legal basis we rely on to use your personal data in this manner and this is relevant when you exercise your data protection rights described in section 9 (please contact us if you would like more information about this).

    Purpose Legal basis

    Providing Fashion AR and its various features such as the discussion forums, including maintaining the proper functioning of the app, maintaining its integrity and security, and fixing any bugs or other problems with it.

    This is necessary for us to perform our contract with you (Terms of Use).

    In cases where you are not a user of Fashion AR and therefore we do not have a contract with you, we have a legitimate interest in providing Fashion AR and its features.

    When you upload sensitive information (i.e. religious, philosophical and political beliefs or opinions, or information about your health, sexuality, racial or ethnic origins) we assume that by uploading this content you intend to make it public. You may however delete this information at any time unless it becomes relevant to a legal claim or criminal investigation.

    Where a user uploads sensitive information relating to others, the user must obtain explicit consent from the individual to whom the information relates. If we discover that consent has not been obtained we may remove and/or delete the relevant information. If the individual has given consent they can withdraw their consent at any time by emailing us on privacy@fortunefish.co.uk and we will remove the content to which their consent relates.

    Responding to your queries and addressing issues which you inform us of or which we discover.

    This may be necessary for us to perform our contract with you (Terms of Use).

    In other cases, we have a legitimate interest to ensure that users have a positive experience when using our app. Users of this app may also have this legitimate interest.

    Processing payments for in-app purchases.

    This may be necessary for us to perform our contract with you.

    In cases where you are not a user of Fashion AR and therefore we do not have a contract with you, we have a legitimate interest to obtain payment for purchases made by the user who provides us with your payment details.

    Enforcing our Community Guidelines and ensuring that users do not use the app for purposes which we consider inappropriate. We may (but are not obliged to) monitor and screen your use of the app and the content you upload, as well as remove and/or delete any of your content.

    We have a legitimate interest to ensure that the app is used in an appropriate manner. Users of this app may also have this legitimate interest.

    Providing you with a good user experience which is tailored to you, including by recognising you when you return to the app, remembering your preferences and personalising the content of the app according to your interests.

    We have a legitimate interest to ensure that users have a positive experience when using our app. Users of this app may also have this legitimate interest.

    Effectively and efficiently promoting our business, our products and our services (including the app) and tailoring our marketing material. This includes organising competitions and publishing the results of these competitions as well as sharing photos which you upload to the app on the internet e.g. on our website and social media pages.

    We have a legitimate interest in promoting our business, products and services in an effective manner including by providing marketing information which is relevant to those who receive it and measuring the performance of our marketing campaigns.

    Marketing products and services of third parties in a manner that is tailored to your profile.

    We have a legitimate interest in selling advertising space within the app for the purpose of funding our operations.

    Developing and improving our business, our products and our services (including the app). This includes carrying out product-related research, market research and training our staff and/or contractors.

    We have a legitimate interest to develop and improve our business, products and services.

    Effectively and efficiently running our business and assets, in an organised manner. This includes keeping accurate records and being audited.

    We have a legitimate interest in operating our business and assets in an effective and efficient manner.

    Protecting our interests, business and assets (including the app), defending and enforcing our rights and enforcing the Terms of Use. This includes monitoring your use of the app and your content, removing and/or deleting content, resolving disputes with you or others, obtaining legal advice and making or defending legal claims.

    We have a legitimate interest to protect and enforce our rights and interests.

    Potentially selling (or considering the sale of) our business or assets including the app.

    We have a legitimate interest in operating our business and assets in a profitable manner.

    Potentially obtaining (or applying for) financing for our business or assets.

    We have a legitimate interest in obtaining financing for our business and assets.

    Preventing and assisting in the detection and prosecution of crimes and unlawful activity.

    We have a legitimate interest in preventing and assisting in the detection and prosecution of crimes and unlawful activity. Law enforcement authorities and potential victims also have this legitimate interest.

    Protecting the rights and promoting the safety, security and wellbeing of users of the app and others who may be affected by it. This includes ensuring that users are of appropriate age and ensuring that others who may be included in images or otherwise referred to in the app are treated fairly and lawfully.

    We have a legitimate interest in protecting users and others who may be affected by our app.

    In some cases we may have a legal obligation to do so.

    Complying (and being able to demonstrate compliance) with legal and regulatory requirements as well as instructions and requests we may receive from competent authorities such as the courts and law enforcement authorities. This includes for example keeping records of requests you make to exercise your data protection rights.

    We may need to process your personal data to comply with our legal obligations

    In other cases, we have a legitimate interest to comply with legal and regulatory requirements and to cooperate with competent authorities. Individuals who are protected by these requirements or authorities also have this legitimate interest.

    Where the legal basis refers to us performing our contract with you, we would not be able to provide you with the app if we did not process your data for the relevant purpose and therefore providing this data to us is required for our contract with you. You cannot object to this processing. You also cannot object to processing of your data where it is necessary for us to comply with a legal obligation.

    Where according to the table above we rely on our legitimate interests to process your personal data we have considered if this processing is necessary and we consider that it is reasonable for us to process your personal data for the relevant purposes. This is because it can be reasonably expected that we will process personal data in this way, even by a young audience and we process personal data of a type and in a manner that does not pose significant risk to individuals' privacy rights.

    We will only process your data so far as is necessary to achieve these purposes.

    You can object to the processing of personal data on the basis of legitimate interests although there are limitations which apply to this right (see section 9 for more information).

  4. Children and others whose data is provided to us by users

    This privacy policy also applies to children and others whose data is provided to us by a user, for example, by uploading a picture which includes such other persons.

    As it is not possible for us to deal with such individuals personally, we need to rely on you as the user to ensure you have the right to share their personal data with us. We are not able to communicate this privacy policy directly to these individuals and therefore we need users to bring this privacy policy to their attention. We encourage users to do so and to explain the contents of this policy to these individuals. We would be happy to do so ourselves if they contact us.

    We encourage users to do so and to explain the contents of this policy to these individuals. We would be happy to do so ourselves if they contact us.

    If we discover that an individual's data has been provided to us by a user without bringing this policy to their attention we will delete the relevant personal data which means that we may delete the photos uploaded by the user.

    We do not accept responsibility for processing personal data provided to us by users of individuals who are not informed about such processing by the user.

    Users should be aware that they may also be considered "controllers" of data of others which they provide to us and would therefore be responsible for complying with the various requirements of data protection law.

  5. Who else may see your data

    We may share your information, only to the extent that such sharing is necessary for achieving the purposes listed in section 3 above with:

    • Our employees.
    • Other users of the app who can see the content which users upload.
    • Viewers of our promotional material which we may publish online where it includes pictures uploaded by users.
    • Developers and administrators of the app.
    • Operators of third party applications which are integrated into Fashion AR.
    • Cloud storage and app hosting service providers for storage of the app and the information it requires to function, including the personal data uploaded onto the app.
    • Marketing services providers.
    • Data analytics service providers and market research companies.
    • Companies within our group, meaning our subsidiaries, our ultimate holding companies and their subsidiaries, with which we share our operations.
    • Law enforcement or fraud prevention agencies, courts and other competent authorities.
    • Our professional advisers including our lawyers, financial advisers, marketing and business consultants.
    • Prospective purchasers and purchasers of our business or assets for the purpose of considering the prospective sale of our business or assets and for carrying on the business.
    • Prospective funders and funders of our business or assets for the purpose of considering the prospective funding of our business or assets and for carrying on the business.
    • Facebook for the purpose of using Facebook Business Tools.
  6. Where we store your personal data

    Your personal data may be transferred outside the European Economic Area for us to achieve the purposes set out in section 3 above. We will only transfer your data to carefully selected third parties who we trust to keep your data safe and only (i) if they are in a jurisdiction which offers a level of protection of personal data which is considered to be adequate by the competent authorities; or (ii) after we enter into standard contractual arrangements which are approved by the competent authorities and which are aimed to ensure the protection of your personal data and your data protection rights.

  7. Data security

    Data security is of the utmost importance to us and we are committed to ensuring information we collect from you is secure. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and operational procedures to safeguard and secure the information we collect through the app.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our application; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

  8. How long we keep your data for

    We will only retain personal data for as long as is required for the purpose for which we collected it.

    Different retention periods apply to different items of information and this depends on things such as the type of personal data, the reasons why it is processed, as well as legal obligations and business needs to keep the data. As an example, users can generally delete the personal data which they upload onto the app at any time but if the data is needed for investigating a crime or advancing a legal claim the data will be kept until it is no longer needed for that purpose.

    If you would like more information about the specific retention periods please contact our Data Manager using the contact details provided in section 1.

    Once the relevant retention period expires, the data and all copies of it will be deleted or physically destroyed, safely and securely.

  9. Your rights

    You have a number of rights under data protection law. A description of these is included in the table below.

    If you would like more information about your rights or would like to exercise your rights please contact us at privacy@fortunefish.co.uk. We will respond to any queries and requests as soon as we can. When you exercise your rights we will try our best to respond to you within one month although we have a right to extend this period by a further two months in some cases (where permitted by law).

    Right Description

    Access

    A right to access the personal data we hold about you.

    Rectification

    A right to require us to rectify any inaccurate personal data we hold about you.

    Erasure

    A right to require us to erase personal data we hold about you. This right only applies in certain cases where, for example, we no longer need to use the personal data to achieve the purpose we collected it for; where you withdraw your consent if we are using your personal data based on your consent; or where you successfully object to the way we process your data (refer to the right to object below).

    Restriction of processing

    A right to restrict our processing of your personal data. This right only applies where, for example, you dispute the accuracy of the personal data held by us; where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.

    Data portability

    In certain circumstances, a right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organisation, at your request.

    Object

    Where our processing is based on our legitimate interests you have a right to object to our processing of your personal data. However we do not need to accept your objection if we can show that, on balance, we have legitimate grounds for continuing to process your personal data which override your rights or if we need your personal data for the establishment, exercise or defence of legal claims.

    You also have an absolute right to object to the sending of marketing information. All marketing information we send you will give you the option to opt out of such communication.

    Withdrawal of consent

    When we rely on your consent to process personal data, you may withdraw your consent at any time. This will not affect the validity of anything we have done before you withdraw your consent but we will promptly cease the data processing to which the withdrawn consent relates.

    The above is only a summary of your rights as a data subject. These rights are subject to various conditions and exceptions which are provided for by law. For more detailed information please contact us on the details provided above.

    If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, you also have the right to make a complaint to the Information Commissioner's Office. Their address is:

    First Contact Team
    
Information Commissioner's Office

    Wycliffe House

    Water Lane
    
Wilmslow
    
SK9 5AF

  10. Links to other Services

    Our app may link to websites or apps which are operated by others. If you follow these links and leave our app, we will not have any control over that other website or app and how its operators collect and use your data. This means that we cannot be responsible for the protection and privacy of any personal data which you provide whilst using these sites and apps, as they are not bound by this policy. We strongly recommend that you read their privacy policies to understand how your data will be processed.

  11. Changes to this privacy policy

    Any changes to this privacy policy in the future will be posted on the app and we will communicate these changes to you. Please check back frequently to see any updates or changes to this privacy policy.

    This policy was last reviewed and updated in November 2018.