Privacy Policy

Last updated: 20/12/2023

GDPR Compliant

This Privacy Policy describes the policies and procedures of Before5 Ltd (hereinafter referred to as "Before5," "the Company," "We," "Us," or "Our") on the collection, use, and disclosure of your information when you use the After5 mobile application, owned by Before5 Ltd, and informs you about your privacy rights and how GDPR protects you. By using After5, you consent to the collection and use of information in accordance with this Privacy Policy.

Changes to the Policy

It is your responsibility to regularly check if the policy has changed. You should cease using After5 immediately if you disagree with any updates. We will strive to notify you in advance if any significant modifications are applied.

Interpretation and Definitions

Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Application refers to After5, the mobile application provided by the Company which you have downloaded onto your electronic device.
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Before5 Ltd.
Country refers to: United-Kingdom
Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Phone number
Full name
Username
Photograph
Friends
Status
Tag Location (location users tag as where they will be in an evening for their friends to find them) We may also collect information through cookies and similar technologies to improve our service to personalize your experience.

User Interaction Data When users interact with the service, they automatically share certain information with their friends, including:

Phone number
Photograph
Full name
Username
Status
Tag Location

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service: including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You: with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

Types of Usage Data Collected

We automatically collect certain usage data from users of our service to enhance the user experience and improve our services. The types of usage data we collect may include:

Device Information: This includes information about the device you use to access our service, such as the device type and device ID.
Log Data: We collect log data, including but not limited to IP addresses, browser types, browser versions, and the pages of our service that you visit.
Time and Date: Information about the time and date of your visits to our service.
Duration of Page Visits: We may collect data on the time you spend on specific pages of our service.
Unique Device Identifiers: We may gather unique identifiers associated with your device.
Other Diagnostic Data: Additional diagnostic data that helps us analyze and improve our service.

Methods of Collection

We collect usage data through various methods, which may include the use of cookies, log files, analytics tools, and other technologies. These methods allow us to gather information about how you interact with our service and its features.

Purpose of Usage Data

The collected usage data serves several purposes, including:

Improving and Customizing the Service: We use usage data to enhance the functionality and customization of our service, making it more tailored to your preferences and needs.
Analyzing User Behavior: Usage data helps us gain insights into user behavior, usage patterns, and preferences, enabling us to make data-driven decisions for service improvements.
Security and Monitoring: We may use this data to monitor and enhance the security of our service, as well as to identify and address any potential issues or vulnerabilities.

Third-Party Analytics Services

We may utilize third-party analytics services to collect and process certain usage data on our behalf. These services help us analyze user interactions with our service, but rest assured that any data shared with these services is anonymized and used solely for statistical analysis.

Data Retention

We retain usage data for a period necessary to fulfill the purposes outlined in this Privacy Policy. The specific retention period may vary depending on the type of data and its usage.

Opt-Out Options

While we collect usage data to improve our service, we respect your privacy preferences. If you prefer not to have your usage data collected or tracked, you may adjust your browser settings or device preferences. Please note that opting out may affect your experience and the functionality of certain features.

Data Security

Protecting your data is our top priority. We take reasonable measures, including encryption during data transport using TLS, to safeguard your usage data and prevent unauthorized access, disclosure, alteration, or destruction.

Sharing of Data

Data Sharing with Services and Locations:

In adherence to strict privacy standards, After5 shares data with third-party services strategically located within the European Union (EU). Notably, our reliance on Google Cloud Platform services is situated in the europe-west2 region, ensuring robust and compliant data processing.
Additionally, our database infrastructure spans the strategic deployment of Planetscale in the European region and AWS in eu-west-2, reinforcing our commitment to maintaining data integrity and security.

UK GDPR Compliance and Data Sharing Agreement:

As a testament to our dedication to privacy and data protection, After5 is fully compliant with the UK General Data Protection Regulation (UK GDPR). This compliance extends to our practices of sharing data within the EU.
To fortify our commitment to data security and compliance, there exists a formal agreement for data sharing outside the UK but within the EU. This agreement ensures the seamless flow of information while upholding the stringent standards set forth by GDPR regulations.

Exceptions for Data Sharing:

Explicit Consent:

We may share your data based on your explicit and informed consent, providing detailed information about the specific transfer.

Contractual Necessity:

Data may be shared to fulfill contractual obligations with you.

Contract for Data Subject's Benefit:

Data sharing may occur for the benefit of data subjects involved in a contract.

Public Interest:

Data may be shared for important reasons of public interest as recognized in UK law.

Legal Claims:

Data sharing may be necessary to establish, make, or defend legal claims.

Vital Interests:

In situations where vital interests are at risk, data may be shared to protect life, health, or wellbeing.

Public Register:

Data sourced from public registers open to the public may be shared.

One-off Transfer for Legitimate Interests:

In exceptional cases, a one-off transfer may occur based on compelling legitimate interests, with thorough safeguards and notifications in place.

Note: We prioritize the necessity, proportionality, and safeguards for each data-sharing scenario, ensuring compliance with privacy regulations. Public authorities can't use some exceptions for public powers.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service: including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You: with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

The Company is committed to ensuring that your data is processed according to GDPR standards. Thus, any transfer of Personal Data will be conducted in compliance with these regulations. Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

We may share your information with third parties in the following situations:

With our service providers to assist us in providing our service
When required by law or to comply with legal obligations
In the event of a merger, acquisition, or sale of all or a portion of our assets

Disclosure of Your Personal Data

Business Transactions If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security of Your Personal Data

The security of your Personal Data is crucial to us. We are committed to ensuring that your information is protected and will take reasonable measures, including compliance with GDPR, to prevent unauthorized access, use, alteration, or destruction of your data. The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. We take reasonable measures to protect the information we collect from unauthorized access, use, disclosure, alteration, or destruction.

Children's Privacy

Our Service is intended for users aged 13 and above. New users are responsible for accurately entering their age during the registration process. Users below the age of 18 will have restrictions related to the use of drinking-related emojis. Specifically:

Age Verification: During registration, users are required to enter their age, and we rely on the accuracy of this information.
Emoji Restrictions: Users below the age of 18 will not be able to use drinking-related emojis within the After5 application.
Visibility Control: If a user below the age of 18 is friends with users who are 18 or older, any drinking-related emojis sent by the older users will be replaced with appropriate non-drinking emojis for the underage users.

This measure is in place to promote responsible and age-appropriate content sharing among users.

GDPR Rights for European Users

For users based in the European Economic Area (EEA), in accordance with the General Data Protection Regulation (GDPR), you have the following rights:

The right to be informed
The right to access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling

If you wish to exercise any of these rights or have any privacy-related concerns, please contact us at the address provided below.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective, and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Disclaimer

The After5 App is provided "AS IS," without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the After5 App or its use or other dealings in the After5 App, and non-infringement, including potential breaches of data privacy.

Contact Us

If you have any questions about this Privacy Policy or any privacy-related concerns, You can contact us:

By email: [email protected]

We appreciate your trust in After5, and we are committed to protecting your privacy and providing a secure and enjoyable user experience.