Privacy Policy

a) What law applies?

Our use of your Personal Data is subject to Ireland’s Data Protection Act 2018 (“DPA”) and the EU General Data Protection Regulation (“GDPR”), and of course we process your Personal Data accordingly.

b) What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address and device ID.

c) What is Special Category Data?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing

d) What is processing?

Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

e) Who is responsible for data processing?

The responsible party within the meaning of the DPA and the GDPR is OOMPHDATING LTD of 35, west street, Drogheda (“we”, “us”, or “our”).

If you have any questions about this policy or our data protection practices, please contact us using [email protected].

f) The Legal Bases for processing Personal Data

In accordance with the above-mentioned laws, we have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfilment of a contract / pre-contractual measures, c) the data is necessary for the fulfilment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

a) Downloading our App

The App can be downloaded from the “Google Playstore'' a service offered by Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, US, if you are resident outside the EU and Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland if you are a resident within the EU, or the Apple App service “App Store” a service of Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, US, if you are resident outside the EU and Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill Ln, Knocknaheeney, Cork, Ireland, if you are a resident within the EU, to install our App. Downloading it may require prior registration with the respective App store and/or installation of the respective App store software.

b) Installing our App

As far as we are aware, Google collects and processes the following data: Licence check, network access, network connection, WLAN connections, and location information. However, it cannot be ruled out that Google also transmits the information to a server in a third country. We cannot influence which personal data Google processes with your registration and the provision of downloads in the respective App store and App store software. The responsible party in this respect is solely Google as the operator of the Google Play Store.

As far as we are aware, Apple collects and processes the following data: device identifiers, IP addresses, location information, it cannot be excluded that Apple also transmits the information to a server in a third country. This could in particular be Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014. We cannot influence which personal data Apple processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store.

c) Device information

Google and Apple may collect information from and about the device(s) you use to access our App, including hardware and software information such as IP address, device ID and type, device-specific and App settings and properties, App crashes, advertising IDs (AAID), information about your wireless and mobile network connection such as your service provider and signal strength; information about device sensors such as accelerometer, gyroscope, and compass and Payment Data and Billing confirmations.

d) Authorizations and Access

We may request permission to store your App data including your Internet Connection and Network, Location, Push Notifications, Gallery, Image Storage and Camera. The legal basis for data processing is our legitimate interest, the provision of contractual or pre-contractual measures and your consent. You can deny access on your device via the Settings/Notifications/ options of your device; however, this means that our App may not function as intended.

e) Push messages

When you use our App, you will receive so-called push messages from us, even if you are not currently using our App. These are messages that we send you as part of the performance of the contract. You can adjust or stop receiving push messages at any time via a) the device settings of your device or b) or by enabling or disabling specific types of notifications within the App. Insofar as you consent to the use of push messages, consent is the legal basis for the processing.

f) Firebase

We use the Google Firebase developer App and related features and services provided by Google. We use the following Google Firebase services in our App: a) Firebase Analytics, b) Firebase Crashlytics, c) Firebase Cloud Messaging for Push Notifications. By integrating Google services, Google may collect and process information (including personal data). It cannot be excluded that Google also transfers the information to a server in a third country. We cannot influence which data Google collects and processes. Firebase's key security and privacy information can be found here: https://firebase.google.com/support/privacy The legal basis is the implementation of the user contract for the use of the App.

g) Crashlytics

The app uses the tool Crashlytics to log crashes of our App. No personal data is transmitted. Only real-time crash reports with precise details of code locations and device information are sent, which is intended to simplify maintenance and improve the resulting stability of our App. The legal basis for data processing is our legitimate interest. In the settings under data services, you can select whether you want to send crash reports or not

h) Google Analytics for Firebase

Our App uses the web analytics service Google Analytics for Firebase, which uses tracking technologies to track your use of our App. In this respect, information is generated about, among other things, the number of users and their sessions, the session duration, the operating system used by the users, their device model, the region from which our App is accessed, the first start of our App, our App execution and any updates.

i) Purchases

When you make In-app purchases, we (Google and Apple on our behalf) may collect the following data from you to process the purchase: a) Apple or Google user ID, b) Email address, c) Payment confirmation from the payment data collected by Apple or Google; and d) Device IP and device serial number to link the story history to the device.

a) Contacting us

Personal data is processed depending on the contact method. In addition to your name and email address, IP address or phone number, we usually collect the context of your message, which may also include certain Personal Data. The personal data collected when you contact us is used to process your request and the legal basis is your consent.

b) Providing our services

The protection of your data is particularly important to us in the performance of our services. We therefore only want to process as much Personal Data (for example, your name, address, e-mail address or telephone number) as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data, to fulfil our contractual obligations to you or to carry out pre-contractual measures.

c) Registration

If you register, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form including your Phone Number. The entry of your data is encrypted so that third parties cannot read your data when it is entered. We also use a one time password (OTP) Authentication system which is a protocol that generates encrypted security tokens and enables users to verify their identity and then generates a unique encrypted authentication token that is sent via SMS to your Phone. Your data will remain stored for as long as the registration lasts, in particular if the storage is necessary for the fulfilment/execution of the contract, to enforce our rights or for our other legitimate interests or we are required by law to retain your data (e.g., within the framework of tax retention periods).

Alternatively, you are able to sign up using the convenience login and sign up from Google, Apple and Snapchat. For both login and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via a connect function, you agree to the relevant terms and conditions and consent to certain data from your respective profile being transferred to us. The legal basis is your consent and the establishment and implementation of the user contract for the use of our App.

d) Profile

As a registered user, you have the opportunity to create a user profile with just a few clicks and details and the relevant profile data you provide will be posted on your profile. Of course, you can change the information at any time via the settings in your profile. You have choices about the information on your profile. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add Personal Data to your profile that you would not want to be available. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our App

e) Using our App and providing Content

If you wish to use our App and its features, we process the Personal Data you voluntarily provide for the purpose of providing our App. Depending on how you use our services, you may provide contact information, location data etc. and upload content such as text, photographs and video etc. This content will be made public and may be viewed and otherwise accessed by others.

Some of the Personal Data you provide may be considered “special” or “sensitive”. This includes Personal Data concerning for example your racial or ethnic origins, sexual orientation, sexual preferences and gender. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. You don’t have to provide Personal Data or Special Category Data. It’s your choice whether to include Personal Data or Special Category Data and to make that information available to us. Please do not share information that you would not want to be available. The legal basis for the processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent.

In providing our App and publishing our content we may process images and facial-related information from our Users. Images and facial-related information are used and processed solely for the purpose explicitly consented to and we do not collect, use, or store any images and facial-related information for the purpose of recognising faces outside of this purpose. The legal basis is your consent.

Of course, we also process your chats and communications with other users as well as the content you publish, as necessary for the operation of our App. In addition to the information, you may provide us directly, we receive information about you from others. Users may provide information about you as they use our App, for instance as they interact with you. The legal basis is the fulfilment of the user contract for the use of the platform as well as your consent.

We also share some users’ information with service providers and partners who assist us in operating our App. You share information with other users when you voluntarily disclose information on the service (including your profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being visible. The legal basis for the data processing is the fulfilment of our contractual obligations and, in individual cases, the fulfilment of our legal obligations as well as your consent.

In addition to the information you provide to us directly, we receive information about you from others, including other users who provide us with information about you when they use our App. For example, we may receive information about you from other users when you contact them about us.

We also collect information about your activities on our App, such as how you use them (e.g., the date and time you logged in, features you used, searches you performed, clicks and pages you were shown, content you clicked on) and how you interact with other users (e.g., users you connect and interact with, the time and date of your exchanges). The legal basis is the fulfilment of the user contract for the use of the platform as well as your consent.

f) Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as organisation of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

g) Promotional use of your data

We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.

a) What we do not do

We do not request Personal Data from minors and children; We do not process special category data without obtaining prior specific consent; We do not use Automated decision-making including profiling; and We do not sell your Personal Data.

b) Sharing

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or the disclosure of data is permitted by relevant legal provisions. In addition, we may disclose your Personal Data: in connection with law enforcement, fraud prevention or other legal proceedings; as required by law or regulation; if Oomph (or a part of Oomph) is sold to or merged with another company; or if we have reason to believe that disclosure is necessary to protect our business.

c) International Transfer

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organisational measures to protect the Personal Data we transfer.

d) Storage

In the course of our business and App operations, we process data in our Ireland-based headquarters. All data collected is generally transferred to our Ireland-based headquarters. All data collected is generally transferred to our Ireland-based Cloud Servers. The legal basis for the data processing is our legitimate interest in providing our App.

e) Data Security

Our App uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organisational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through our App.

Nonetheless, databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

a) Privacy rights

Right to information; Right to rectification; Right to object to processing; Right to deletion; Right to data portability; Right of objection; Right to withdraw consent; Right to complain to a supervisory authority; Right not to be subject to a decision based solely on automated processing.

If you wish to exercise any of your rights, please contact us.

b) Updating your information

If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Withdrawing your consent

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

d) Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

e) Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. The supervisory authority in Ireland is: The Data Protection Commission (DPC) who is located at 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland www.dataprotection.ie. However, we would appreciate the opportunity to address your concerns before you contact the DPC.

This Privacy Policy was last updated on 20 Nov 2024, and is the current and valid version. However, from time to time changes or a revision to this policy may be necessary.

If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.

a) 14-Day Refund Policy:

We understand the importance of consumer rights and strive to provide a satisfactory experience to all users of our App. Therefore, in compliance with the EU Consumer Rights Directive, we offer a 14-day refund policy on in-app purchases made within our App.

Should you decide to cancel a purchase made within our App using payment methods such as Stripe, Google Pay, or Apple Pay, you have the right to request a refund within 14 days of making the purchase. This cooling-off period, also known as the right of withdrawal, allows you to withdraw from the purchase without providing any reason.

To initiate a refund request, please contact us at [email protected] within the 14-day period from the date of purchase.

Upon receiving your refund request, we will process it promptly and provide a full refund of the purchase amount, including any standard delivery costs paid at the time of purchase.

Please note that certain exceptions may apply to this refund policy, as outlined in the EU Consumer Rights Directive.

b) Modification of Terms:

We reserve the right to modify or update these refund policies in accordance with changes in applicable laws or regulations.

Any modifications to our refund policies will be communicated to you through appropriate channels, and your continued use of our App after such modifications shall constitute your acceptance of the revised refund terms.