IML S.L.U., Privacy Policy

Last revised : December 2023

INTRODUCTION

IML S.L.U., including its affiliates (collectively, the "Company", "we", "our" or "us"), offers online entertainment services (collectively, the “Services”) via:

• Internet websites we operate ImLive.com;
• Downloadable applications and software, such as mobile applications which are distributed through mobile application stores; and
• Non-downloadable online applications (e.g. HTML5 applications, etc.).

Please read this Policy very carefully and use it to make informed decisions, as your access to and use of our service, whether by visiting our website ("Websites") or by creating an account through our service (collectively "Service"), signifies that you have read and understand all the terms detailed herein and you hereby agree to this Policy and to the collection, use, retention and disclosure of your personal information in accordance with these terms. If you do not agree to the terms of this Policy, please do not use our Services. You are not legally required to provide us with any Personal Information, but without it, we will not be able to provide you with the full range or with the best experience of using our Services.

Personal information is defined as any information that identifies an individual or can reasonably identify an individual with reasonable effort, including without limitation: your name, surname, date of birth, residing address, IP address, email address or telephone number, ID documentation, financial documents as utility bill or bank statements as well as other non-public information about you that is associated with or linked to any foregoing, hereinafter referred to as the "Personal Information". Processing activities include, among other things, the collection, use, retention and disclosure of such data.

Your Personal Information will be processed by us (including any of our agents and/or employees), and (where appropriate) any other company in our company group and/or our partners and subcontractors, in accordance with this Policy.

If you have any questions regarding this Policy or the way we use your Personal Information, please refer to our table of contents and to the section "HOW TO CONTACT US?" below.

In this Policy, you can learn about:

1.       WHAT INFORMATION WE COLLECT?

2.       MINORS

3.       PURPOSES AND CONDITIONS FOR PROCESSING PERSONAL INFORMATION

4.       MARKETING

5.       WITH WHOM WE SHARE INFORMATION?

6.       INTERNATIONAL TRANSFER OF INFORMATION

7.       THIRD PARTY TRACKING TECHNOLOGIES

8.       RETENTION OF PERSONAL INFORMATION

9.       YOUR RIGHTS

10.    CHANGES TO THE PRIVACY POLICY

11.    LANGUAGE VERSION

12.    HOW TO CONTACT US?

13.    SUPPLEMENTAL CALIFORNIA STATE LAW NOTICE ("SUPPLEMENTAL NOTICE")

 

 

1. WHAT INFORMATION WE COLLECT?

We collect Personal Information from our Users and visitors of our Service, which consists of the following:

• Registration and login: When you open an account and register to use our Service, you will be asked to provide us with certain details about yourself, such as: your email address, username or similar identifier and password. Please note that when you wish to update your account profile, we also collect Personal Information from you.
• Identification documentation: We collect and store uploaded documents, in order to identify customers, to process your requests and/or to comply with effective laws and regulations. These documents are also used for the purpose of prevention and detection of fraud, prevention of money-laundering and terrorist funding.
• Payment information: If you make a purchase, we do not directly access or use your payment information, however in order for you to enjoy all of the functions of the Service, our trusted third party payment processors collect certain payment information from you, such as your credit card number and bank account details.
• Voluntary information: We also collect information which you provide us voluntarily in order to personalize your account or for a specific function, which you voluntarily provide to us at your discretion for a specific function. In addition, we collect your communication when you respond to communications from us, provide us with feedback, communicate with us via email or share additional information about yourself through your use of the Service.
• Device information: We collect specific types of connection details and information with regard to your device, software or hardware that could identify you, such as: device’s unique identifiers (e.g. UDID, IMEI, MAC address), browser fingerprinting, IP address, blockchain address, wallet type, and geo-location data.
• Information we collect from third parties: We sometimes collect Personal Information from third party service providers, such as information which is gathered in order to verify your identity and prevent fraudulent or illegal activity.

• Log-in history and technical information: To enhance the functionality of the Service and to provide you with a better user experience, we collect technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name of the website from which you linked to the Service; etc.).
• Analytics information: We collect information about your use of the Service, such as applications' usage, log files, user activity (e.g. pages viewed, user's movements, time spent, online browsing, clicks, actions, etc.), time stamps, alerts, etc. This information is collected for amongst other things troubleshooting errors and bugs as well as for research and analytics purposes about your use of the Service.

 

2. MINORS

We do not  sell or share Personal Information of users under the age of 18

The Services are not designed or directed to persons under the age of 18 or persons under the age of legal consent with respect to the use of the Services of any jurisdiction, whichever is higher (“Legally of Age”).

 

If you are not Legally of Age, you should not use the Services nor provide any Personal Information to us.

We reserve the right to access and verify any Personal Information collected from you. In the event that we become aware that a user who is not Legally of Age has shared any information, we will discard such information.

If you have any reason to believe that a minor has shared any information with us, please contact us at DPO@imlive.com.

 

3. PURPOSES AND CONDITIONS FOR PROCESSING PERSONAL INFORMATION

This section outlines the underlying purposes and legal bases for the processing of your Personal Information:

Purpose	Legal basis
Provision of our Service; support and customer relations. We use your Personal Information, such as your username and email address for customer services purposes as well as to present our Websites to you. This includes, for example, managing and updating your account, providing and operating the Service, keeping you informed about our last updates or responding to any of your inquiries, as well as your request to exercise your User rights.	The legal bases for processing this data are the performance of our contractual obligations towards you for example as described under this Policy and/or Terms of Use (Art. 6.1(b) GDPR/ UK GDPR); your consent (for example, when you agree to provide Personal Information by accepting our Cookie Notice, Policy and Terms of Use) (Art. 6.1(a) GDPR/ UK GDPR); compliance with our legal obligations (Art. 6.1(c) GDPR/ UK GDPR); and our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR). Our legitimate interests in this case are enforcing our policies, protection against fraud and misuse of our Service.
Improving our Service. We collect and analyze information about you and your usage of our Service to improve the usability and effectiveness of our Service, including debugging to identify and repair errors or undertaking internal research for technological development and demonstration.	The legal basis for processing this data is our legitimate interests (Art. 6.1(f) GDPR/UK GDPR), in this case – providing and improving our Service.
Marketing, advertising and analytics. We use your Personal Information in order to provide you with advertisements, including behavioral advertising and non-personalized advertising, in short-term, transient use, shown as part of your current interaction with us, while your Personal Information is not disclosed to another third party and is not used to build a profile about you. We use your Personal Information to market our Service and to gather aggregate usage information for analytics, statistical and research purposes, including notification of promotional offers.	The legal bases for processing this data are your consent (when required) and our legitimate interests (Art. 6.1(a), 6.1(f) GDPR/ UK GDPR). Our legitimate interests in this case are providing you with tailored services, content and advertisements that better fit your interests as well as to promote our Service.
Integrity. We process certain information about you and your usage of the Services in order to keep the integrity and security of the Services.	The legal bases for processing this data are compliance with our legal obligations (Art. 6.1(c) GDPR/ UK GDPR) and our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR). Our legitimate interests in this case are keeping the integrity of our Services and the safety of our end-users.
Payments. We collect from our third-party payment processors certain information about your payment instruments for the purpose of connecting your payment instrument to your account on our Services.	The legal bases for processing this data are the performance of our contractual obligations (Art. 6.1(b) GDPR/ UK GDPR); the protection of our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR), in this case enforcing our policies and preventing misuse of our Services; and compliance with legal obligations to which we are subject (Art. 6.1(c) GDPR/ UK GDPR).
Dispute resolution and protection of our legal claims. We collect your Personal Information in order to investigate violation of our policies, enable us to resolve disputes in connection with your use of the Service and to establish and defend our legal claims.	The legal basis for processing this data is our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR). Our legitimate interests in this case are to establish and defend our legal claims.
Corporate transactions. We will share your Personal Information with a potential purchasers, successors or investors in the Company or in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, reorganization, bankruptcy, consolidation or asset sale of an asset or transfer in the operation thereof) in relation to the Company.	The legal basis for processing this data is our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR).
Prevention of fraud or violation of our policies. We process your Personal Information to detect and prevent fraudulent and illegal activity or any other type of activity that jeopardizes or negatively affect the integrity of the Service, including by identifying risks associated with your activity on our Service. We will also investigate any violations of our policies and enforce them.	The legal basis for processing this data is our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR). Our legitimate interests in this case are to protect our Company and other Users against fraud.
Compliance with applicable laws. We process your Personal Information to comply with our various legal obligations such as adult content legislation (where applicable), anti-money laundering, identity verification (e.g., suspicion of minor using our Service), prevention of fraud, complying with data subject rights etc.	The legal basis for processing this data is to comply with our various legal obligations (Art. 6.1(c) GDPR/ UK GDPR) and our legitimate interests (Art. 6.1(f) GDPR/ UK GDPR).

 

Where you have not consented (or have withdrawn your consent) to the processing of your Personal Information by us, we will continue to process your Personal Information : (a) where processing is required for the performance of the contract (i.e. the Terms of Use) between you and us; and/or (b) where processing is necessary for compliance with a legal obligation to which we are subject; (c) where processing is necessary for the purposes of a legitimate interest of the Company and its affiliates (including for marketing).

 

Special Categories of Personal Data

Our processing of your Personal Information also involves special categories of personal data for the provisions and improvement of our Service (as defined under Article 9 of the GDPR/ UK GDPR). We shall only process such information, as well as disclose it to competent authorities (law enforcement bodies), where it is strictly necessary and required for the following purposes (to the extent permissible by applicable law): (i) prevention or detection of an unlawful act; (ii) prevention of dishonesty, malpractice or other seriously improper conduct, provided that obtaining your consent prejudices those purposes.

 

4. MARKETING

We will use your Personal Information, such as your email address, collected by ourselves or through our trusted third party subcontractors for the purpose of providing you with promotional materials via different marketing techniques such as direct email, and post concerning the Service as well as products, services, websites and applications which relate to the Company's business partners and its affiliates, including but not limited to the website cybersays.club (collectively:“Marketing Affiliates”), which we believe could interest you.

We will use your Personal Information for the purpose of providing you with promotional materials solely where we have a legitimate interest in doing so, or where we have obtained your affirmative consent.

You have the possibility at any time to decline receiving further marketing offers from us or from our business partners and marketing affiliates by either: following the links inserted in the promotional emails (e.g., selecting the opt-out link) or contacting our customer support Please note that even if you unsubscribe from our marketing mailing list, we shall continue to send you service-related updates and notifications.

 

5. WITH WHOM WE SHARE INFORMATION?

We do not rent, sell, or share your Personal Information with third parties (“Recipients”) except as described in this Privacy Policy. The Personal Information will be disclosed to Recipients only to the extent required for the specific purpose, as stipulated in this Privacy Policy.

We share Personal Information with any of the following recipients:

• affiliated companies;
• Subcontractors and third party service providers, as well as their subcontractors, which by way of example include (but is not limited to) cloud computing companies, marketing affiliates, identity verification and fraud prevention services, and other data verifiers;
• Payment service providers, payment processors and banks;
• To any third parties who provide services in relation to the operation or promotion of the Services;
• Auditors, contractors or advisers of any of the Company’s business processes;
• To any third parties who investigate, detect or prevent fraudulent or illegal activity (e.g. governmental authorities, police, banks and other investigatory organizations);
• Governmental and regulatory bodies, in accordance with applicable laws and regulations; and
• Potential purchasers or investors in any of the companies within the Company or While Label Brand (if applicable), or in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, reorganization, bankruptcy, consolidation or asset sale of an asset or transfer in the operation thereof) in relation to any company within the Company (in such event, the acquiring company or transferee will assume the rights and obligations as described in this Privacy Policy).

 

6.  INTERNATIONAL TRANSFER OF INFORMATION

Since we operate globally, it is necessary for the provision of Service and to the extent required for the specific purpose, as stipulated in this Policy to transfer your Personal Information to countries outside the European Economic Area ("EEA"). The data protection and other laws of these countries are not as comprehensive as those in the EEA.

In these circumstances, we use our best efforts to ensure that your Personal Information is protected in accordance with our Policy, through contractual means (such as by using the standard contractual clauses approved by the relevant European Commission for data transfer, as available here) or other means (such as ensuring that the European Commission decisions determined that such jurisdictions offer an adequate level of protection as available here).

For more information about the transfer of your Personal Information outside of the EEA, our contact details are available under the section "HOW TO CONTACT US?"

 

7. THIRD PARTY TRACKING TECHNOLOGIES

 We use third-party advertising technology across our Websites to serve advertisements when you visit or use our Service. We use and authorize third parties to use web beacons, cookies, pixels, scripts, tags and other technologies ("Tracking Technologies").

The Tracking Technologies automatically collect information about you, your online behavior on the Websites, and your device (for example your computer or mobile device), for different purposes, including improving and personalizing your navigation on our Service and enhancing our Service’ performance. Third parties use this information to provide you with targeted content.

You can set your browser to refuse all third party cookies, or to alert you when cookies are being sent, also you can opt-out of many third party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA").

We also allow third parties to collect information about you through Tracking Technologies. To learn more please visit our Cookie Notice https://imlive.com/CookiePolicy.aspx

For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp and www.aboutads.info/choices.

 

8. RETENTION OF PERSONAL INFORMATION

If you have registered with an account through our Services, the Company will retain your Personal Information during the period your account is active. In addition, the Company will retain your Personal Information for additional periods, to enable the Company to meet its legal obligations under applicable laws or regulations, Know-Your-Customer and Anti-Money Laundering regulations.

In addition, the Company shall retain your Personal Information for longer periods, provided that retaining such information is necessary for the Company’s legitimate interests, such as fraud prevention and record keeping.

If for any reason you wish to delete your Personal Information, please send us an e-mail to: DPO@imlive.com, and we will make reasonable efforts to address your request.

 

9. YOUR RIGHTS

You have certain rights regarding the collection and processing of Personal Information. To the extent these rights apply to and concern you, you can exercise them by contacting us via the contact details available under the section below "HOW TO CONTACT US?" and exercise the following rights:

1)       Rights of access – You can obtain a copy of the Personal Information held by the Company at any time;

 

2)       Right of data portability – You have the right to receive your Personal Information, in a structured, commonly used and machine-readable format and to request that your Personal Information be transmitted to a third party of your choice;

 

3)       Right of rectification – In the event that the data held about you by the Company is inaccurate, incomplete or outdated, you have the possibility to request the rectification of said data (except in cases where the information is required to be kept in its original format under any applicable laws and regulations);

 

4)       Right of erasure – You have the possibility at any time to request that the Company erases data held about you by sending an email to the Company as outlined in this Policy. However, you are advised that with the deletion of your Personal Information, you might not be able to use the Service anymore or the account might be totally closed;

 

5)       Right to restriction of processing, objection to processing – At any time, you have the right to request that the Company restricts or ceases to conduct certain data processes provided that there exists no other lawful basis on which the Company is authorized to process said data;

 

6)       Right to withdraw your consent – You have the right to withdraw your given consent at any time. The withdrawal of consent will not affect the lawfulness of processing;

 

7)       Right to lodge a complaint – All requests, complaints or queries should be addressed to the Company to the following email address: Privacy@ImLive.com , with the subject ‘Privacy’. We will consider any requests, complaints or queries and provide you with a reply in a timely manner. You can also file a complaint with the relevant data protection authority should you not be satisfied with the way in which we handle your Personal Information. We take our obligations seriously and we ask that any concerns be first brought to our attention, so that we can try to resolve this.

 

Please note that these rights are not absolute, and will be subject to our own legitimate interests and regulatory requirements. You are welcome to contact us for any questions, requests or complaints through our contact details below.

We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can lodge a complaint with the competent supervisory authority.

Also, you should be aware that unless you have registered and created an account on our Website, we could not be able to respond to your request as we do not have sufficient information to identify you. We could also rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion, in accordance with our internal policies. Similarly, we will ask you to provide us with additional information in order to adequately verify your identity upon your request.

 

10. CHANGES TO THE PRIVACY POLICY

We reserve the right to change this Policy at any time, so please re-visit this page frequently. We will use reasonable efforts to notify you in the event substantial changes are made to this Policy, as required by law. Any modifications, updates, alteration will be effective upon our publishing of this Privacy on our Websites and as of the stated “Last Revised” date, and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by those changes.

 

11. LANGUAGE VERSION

The Policy has been drafted in the English language, which is the original and controlling version of this Policy. All translations of this Policy into other languages shall be solely for convenience and shall not control the meaning or application of this Policy. In the event of any discrepancy between the meanings of any translated versions of the Policy and the English language version, the meaning of the English language version shall prevail.

 

 12. HOW TO CONTACT US

If you have any general questions about the Services or the information that we collect about you and how we use it, please contact us via email at DPO@imlive.com or by sending a letter to:

• IML S.L.U.,
• Attn: Data Protection Officer
• Edifici Burge's Planta 3, Avinguda St. Antoni 27, La Massana AD 400
  Principat d'Andorra.

You can contact our representative in the EU by the following contact details:

• Nicolaou Pentadromos Center , corner of Agias Zonis & Thessalonikis St, 3025, Limassol, Cyprus
• Privacy@imlive.com 

We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can reach out to the applicable data protection supervisory authority.

 

13. SUPPLEMENTAL CALIFORNIA STATE LAW NOTICE ("SUPPLEMENTAL NOTICE"). 

This part of the Policy addresses the specific requirements under the California Consumer Privacy Act of 2018 amended by the California Privacy Rights Act of 2020 (Cal. Civ. §§ 1798.100–1798.192) (collectively "CCPA") and any amendments or replacements to the foregoing.

We use and disclose information as described in this Privacy Policy. The information below supplements the Privacy Policy and is intended for consumers from the state of California, in accordance with applicable laws.

 

13.1 Categories of Personal Information and with whom we share your data?

We may share and disclose your Personal Information to all the relevant third parties mentioned in Section 5. of this Policy. However, please note that we do not sell your Personal Information.

In the 12 preceding months, we have/ have not disclosed, shared or sold the following categories of Personal Information:

 

Category of Personal Information	Personal Information	Categories of third parties	Personal Information was disclosed, shared, or sold
Identifiers or Members	A real name, ,  email address, account name,	Auditors, contractors or advisers of any of the Company’s business processes; To any third parties who investigate, detect or prevent fraudulent or illegal activity (e.g. governmental authorities, police, banks and other investigatory organizations); Governmental and regulatory bodies, in accordance with applicable laws and regulations	N/A
Visual data	Photos, videos.	marketing affiliates	N/A
Protected classification characteristics (under the relevant applicable applicable laws)	Gender identity, sexual orientation, sex and race.	marketing affiliates	Personal Information was shared
Commercial data	Records of services obtained or considered, or consuming histories or tendencies.	Subcontractors and third party service providers, as well as their subcontractors, which by way of example include (but is not limited to) cloud computing companies, marketing affiliates	Personal Information was shared
Internet or other electronic network activity data	Browsing history, search history, information on your interaction with a website, application, or advertisement.	marketing affiliates	Personal Information was shared
Geolocation data	Location of your device.	cloud computing companies, marketing affiliates, identity verification and fraud prevention services, and other data verifiers	Personal Information was shared
Inferences drawn from other Personal Information	Profile reflecting a person’s preferences, characteristics, predispositions, behavior, attitudes.	marketing affiliates	Personal Information was shared
Sensitive Personal Information (under the relevant applicable laws)	State identification card; precise geolocation.	identity verification and fraud prevention services, and other data verifiers	Personal Information was shared

13.2 Sources of Personal Information

In the 12 preceding months, we have collected Personal Information from the following categories of sources:

 

(a)                 Consumer directly;

(b)                  Advertising networks;

(c)                 Internet service providers;

(d)                 Data analytics providers;

 

13.3 Your additional rights

As referenced in Section 9 (“Your Rights”), depending on the jurisdiction in which you reside in the U.S., you have certain rights regarding the collection and processing of Personal Information. To the extent these rights apply to and concern you, you have the possibility to exercise them by contacting us via the contact details available under the section above "HOW TO CONTACT US?" and you have also the possibility to exercise the following additional rights:

1)       Right to limit use and disclosure of your sensitive Personal Information:

You have the right to request us to limit the use and disclosure of your sensitive Personal Information to certain business purpose, such as helping to ensure data security and integrity, non-personalized advertising, performing Services on behalf of the business, or doing things to verify, maintain, or improve the Service or device that the Company owns or controls.

2)       Right to Opt-Out of the Sale or share of Personal Information:

In the event that we sell your Personal Information, you have the right to submit a request to opt-out of the sale of your Personal Information. After you opt-out, we are able to continue disclosing some Personal Information with our partners to help us perform business-related functions such as, but not limited to, providing the Services, ensuring that the Services is working correctly and securely, providing aggregate statistics and analytics and preventing fraud.

3)       Right to non-discrimination:

You have the right to be free from any discrimination for exercising your rights, by offering you different pricing or products, or by providing you with a different level or quality of services, based solely upon your request.

Please note that you have the possibility to appeal our decision regarding your rights request by sending an email to DPO@ImLive.com. We will review and arbitrate the appeal based on applicable laws.

13.4 Authorized Agent

You can use an authorized agent to make a request to exercise your rights under applicable laws on your behalf if:

i.              The authorized agent is a natural person or a business entity; and

ii.             You sign a written declaration that authorizes the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your rights, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf by contacting us via the contact details available under the section "HOW TO CONTACT US?

Please note that in order to accept your request, you have to:

i.              Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity; and

ii.             Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.