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Privacy Policy

At Peaberry Tech LLC. (hereinafter, Peaberry), we take your privacy seriously. Please read the following to learn how we treat your personal information. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

‍Remember that your use of (Peaberry) Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

Table of Contents

What This Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. "Personal Data" means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable information" or "personal information" under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage. We may process Personal Data of our customers' end users or employees in connection with our provision of certain services to our customers. This Privacy Policy applies only to Personal Data that we collect from you directly; if we did not collect data directly from you, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

A word about our radical "No-Registration" user flow

We take pride in the fact that you can use all the communication functionality of FlaiChat app without sharing any of your Personally Identifiable Information (PII) with us. Unlike most other messaging apps, there's no required registration step at all. Nevertheless, if you enjoy using the app and would like to be able to use the same account on multiple devices, or be able to access your account from a new or replacement device, you'll need to create a recovery account with us. This will allow us to confirm that it is indeed you trying to access your account from a different device. That is the only reason we require you to share any PII with us.

Categories of Personal Data We Collect

The following subsections detail the categories of Personal Data that we collect. For each category of Personal Data, these subsections also set out our commercial or business purpose for collecting that Personal Data and the categories of third parties with whom we share that Personal Data. Throughout this Privacy Policy, we will refer back to the categories of Personal Data listed below (for example, "Category A. Personal identifiers").

Categories of Sources of Personal Data

We collect Personal Data about you from:

Categories of Third Parties with Whom We Share Personal Data

We may disclose your Personal Data to the following categories of service providers and other parties.

Service providers includes:

These service providers are our vendors and the data sharing is strictly for the purposes of smooth operation of our messaging infrastructure. We never sell your personal data with any third party. Ever.

Parties who acquire your Personal Data through an acquisition or other change of control.

Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Other parties at your direction.

Other users in your group chats (where you post information publicly or as otherwise necessary to effect a communication initiated or authorized by you through the Services).

Categories of Third Parties with Whom We DO NOT Share your Personal Data

We never share your data with any third party outside of that required to operate our messaging service. In particular, we never share your personal data with any third party for marketing or advertising purposes.

Categories of Personal Data We Collect

A. Personal identifiers

Personal Data We May Collect:

Name, phone number, email address

Sources of this Personal Data

You

Commercial or business purpose for collecting this category of Personal Data:

Providing the ability for you to prove your identity to us for purposes such as recover your existing account on a new device.

Categories of third parties with whom we share this Personal Data:

Hosting and other technology and communications providers necessary to provide you with the Services

Categories of third parties with whom we DO NOT share this Personal Data:

We never share your data with any third party outside of that required to operate our messaging service. In particular, we never share your personal data with any third party for marketing or advertising purposes.

B. Geolocation data

Personal Data We Collect:

Geo-location (only with your explicit permission)

Sources of this Personal Data

You

Commercial or business purpose for collecting this category of Personal Data:

Allowing you to share your location with other members of your group chat(s).

Categories of third parties with whom we share this Personal Data:

Hosting and other technology and communications providers necessary to provide you with the Services.

Categories of third parties with whom we DO NOT share this Personal Data:

We never share your data with any third party outside of that required to operate our messaging service. In particular, we never share your personal data with any third party for marketing or advertising purposes.

C. Device or network activity information

Personal Data We Collect:

Device type
IP address

Sources of this Personal Data

You

Commercial or business purpose for collecting this category of Personal Data:

Customizing the experience for different geographies, languages, and screen sizes

Categories of third parties with whom we share this Personal Data:

Hosting and other technology and communications providers necessary to provide you with the Services

Categories of third parties with whom we DO NOT share this Personal Data:

We never share your data with any third party outside of that required to operate our messaging service. In particular, we never share your personal data with any third party for marketing or advertising purposes.

How We Share Your Personal Data

Disclosures of Personal Data for a Business Purpose

Over the past twelve months, we have disclosed the following categories of your Personal Data to service providers or other parties for the business purposes listed above:

A. Personal identifiers
B. Customer records identified by state law
C. Internet or other similar network activity information
D. Geolocation data

Sales of Personal Data

We will not sell your Personal Data, and have not done so over the last 12 months.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the Internet or storing data is completely secure. We cannot guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

We do not knowingly collect or solicit Personal Data from children under 13; if you are a child under 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at .

California Resident Rights

If you are a California resident, you have the rights outlined in this section. Please see the "Exercising Your Rights" section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at .

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:

A. The categories of Personal Data that we have collected about you.
B. The categories of sources from which that Personal Data was collected.
C. The business or commercial purpose for collecting or selling your Personal Data.
D. The categories of third parties with whom we have shared your Personal Data.
E. The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a "Valid Request." We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request by emailing us at

You may also authorize an agent (an "Authorized Agent") to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to do, and we may request a copy of this written permission from your Authorized Agent when they make a request to exercise your rights on your behalf.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes; in order to submit such a request, please contact us at . Note that we do not disclose user's Personal Data to third parties for such purposes.

Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support DO Not Track requests at this time as they are provided over a web browser. To find out more about "Do Not Track," you can visit .

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account. OR Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

European Union Data Subject Rights

EU Residents

If you are a resident of the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below.

For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Peaberry will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at . Note that we may also process Personal Data of our customers' end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The "Categories of Personal Data We Collect" section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The "How We Use Your Personal Data" section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of "contractual necessity", meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

A. Personal identifiers.
B. Customer records identified by state law.

Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

A. Personal identifiers.
B. Customer records identified by state law.
C. Geolocation data
D. Age or date of birth.

Examples of these legitimate interests include:

A. Operation and improvement of our business, products and Services
B. Marketing of our own products and Services
C. Provision of customer support
D. Protection from fraud or security threats
E. Compliance with legal obligations
F. Completion of corporate transactions

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data

The "How We Share Your Personal Data" section above details how we share your Personal Data with third parties.

EU Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at . Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Right to File Complaint: You have the right to lodge a complaint about Peaberry practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: .

Transfers of Personal Data

The Services are hosted and operated in the United States ("U.S.") through Peaberry and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Peaberry in the U.S. and will be hosted on U.S. servers, and you authorize Peaberry to transfer, store and process your information to and in the U.S., and possibly other countries.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to .

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Changes to this Privacy Policy

We're constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our website, by sending you an email, a notification in our mobile app and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact us at

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