Last Updated on September 30, 2021
The present Privacy Policy (the “Privacy Policy”) sets forth the policy and terms applicable to the management, handling and usage of personal information collected by Dating Tech Group, Ltd. from its website gopromenad.com and corresponding mobile applications (collectively, the “Site”). This Privacy Policy has been prepared in accordance with the applicable data protection laws in Canada and the United States.
- 1. SITE AND DEFINITIONS
The Site offers modern dating services, thereby allowing users to meet singles and people in a specific area and based on mutual interests. Users may connect with other users on the Site for communication purposes and to engage in activities within a specific geographic location. The Site further provides potential matches and submits profiles of users based within close proximity who share similar interests. The Site operates on a location-based basis, offering features and various options to its users.
The present Privacy Policy should be read together with the Site’s Terms of Use, as published on the Site.
For purposes of this Privacy Policy, the term “Site” shall refer to the website gopromenad.com and the mobile application referred to and identified under the name Promenad, which is currently available on iOS (https://apps.apple.com/app/id1509890626) and Android (https://play.google.com/store/apps/details?id=com.promenad).
The following capitalized terms in this Privacy Policy shall have the meanings indicated below:
“Promenad” shall refer to Dating Tech Group Ltd., the corporation managing and operating the Site. Promenad is a Canadian company whose head offices are located in the province of Ontario.
“Leaf” shall refer to the like or symbol a User may use to express interest in another User. The Site offers one (1) Leaf every eight (8) hours to all non-paying Users of the Site on a daily basis, which amounts to three (3) Leaves per day. If the User wishes to purchase additional Leaves, the User may become a Member by purchasing a Package.
“Members” shall refer to Users of the Site who purchase Packages from the Site.
“Packages” shall refer to paying options and in-app purchases available for purchase on the Site. The Packages shall grant the purchasing Member additional features, which shall not be available without a purchase. Such Packages may include the provision of additional Leaves to a Member.
“Profile” shall refer to a User’s profile on the Site. The User’s Profile shall serve as the User’s account on the Site. The User’s public Profile shall feature and display the User’s name, age, location and photo.
“Services” shall refer to the dating services offered on the Site, including, without limitation, connecting Users on the Site, submitting potential matches, granting Users the option to use Leaves, facilitating communications between matched Users, suggesting activities that may of interest, and publishing the User’s Profile on the Site.
“Third Party Links” shall refer third party links, sites, websites and mobile applications available or referenced on the Site.
“Users” shall refer to all users of the Site, whether they are Members, visitors or users of the Site.
For interpretation purposes, any defined terms may be used in the singular or plural form in this Privacy Policy, depending on the context, without changing the meaning thereof.
- 2. APPLICATION
Any information submitted or otherwise provided by a User on or though the Site shall be governed according to the present Privacy Policy. Upon a User’s visit, access, browsing, download or usage of the Site, the User shall be deemed to have accepted the terms of this Privacy Policy in full and without restriction of any kind.
The accessing, download, visiting and/or usage of the Site by a User shall be construed as the User’s full acceptance of this Privacy Policy. Promenad shall not be bound by any policies or terms, except for the present Privacy Policy and the corresponding Terms of Use published on the Site as well as any policies and documents referenced therein.
- 3. NO INFORMATION PROVISION REQUIREMENT
It is not required to provide personal information to access, visit, browse or download the Site. Nonetheless, is it required to provide for a User to create a Profile on the Site to benefit from the Services. The creation of a Profile shall follow the instructions specified on the Site, and shall include the provision of the following information: the User’s name or nickname, age, location, interests and other relevant information required by Promenad.
- 4. PERSONAL INFORMATION AND INDIRECT IDENTIFIERS
According to applicable privacy and data protection laws, personal information constitutes information relating to an identifiable individual, also known as a natural person. Personal information may include, without limitation, the individual’s name, coordinates, residential address, email, payment information, and other private or personal information regarding the specific individual.
Personal information allows for the identification of a specific individual, either directly or indirectly. Information allowing for the indirect identification of an individual may not be used in isolation to identify an individual. Information allowing for indirect identification is referred to as indirect identifiers and may be combined with other information to identify specific individuals. Examples of such indirect identifiers may include geographic indicators, browsing history, and online identifiers, without limitation. When used in this Privacy Policy, the term “information” shall refer to personal information, data as well as indirect identifiers as described and defined in this Section 4.
Promenad shall only obtain and collect personal information voluntarily provided by the relevant User on the Site. Any personal information submitted by a User on the Site shall be collected, handled, managed and stored according to the terms of the present Privacy Policy. Any indirect identifiers shall also be used and managed by Promenad in compliance with the terms of this Privacy Policy.
- 5. COLLECTION AND HANDLING OF INFORMATION
Promenad’s collection of information from the Site shall comply with applicable privacy and data protection laws and regulations at all times.
All information submitted by Users on the Site or obtained from the Site shall be subject to security and confidentiality measures as specified in this Privacy Policy. As part of the measures in place, Promenad agrees not to disclose, share, communicate, transmit or otherwise diffuse personal information with its employees, independent contractors, service providers and affiliates (collectively, the “Affiliates”) except for those who require such personal information.
Any disclosure of personal information to the Affiliates shall be limited to personal information and indirect identifiers that are strictly required for the purpose of the Site and to carry out the Services. Further, Promenad shall ensure that all Affiliates who are granted access to personal information remain bound by confidentiality obligations as strict as those set forth in this Privacy Policy.
- 6. USERS OF THE SITE
At the current time, the Site is targeted to Users based in the United States and Canada. Promenad is in the process of expanding the Site’s applicability to Users outside of the United States and Canada. While the Site may be available and accessible to Users residing outside of the United States and Canada, Promenad is unable to represent or guarantee that the content published on the Site shall be available to Users located outside of the United States and Canada. Further, Promenad does not guarantee or warrant that all parts and sections of the Site shall be accessible and usable by Users based outside of the United States and Canada.
Users of the Site who do not reside in the United States or Canada recognize that all or part of the information on the Site may not be available or suitable in territories and countries outside the United States and Canada. If a User chooses to access the Site from outside the United States and Canada, the User shall be responsible for complying with all laws applicable in the User’s country of residence.
- 7. PROFILE ON THE SITE
In order to connect with other Users, to use Leaves and to secure matches on the Site, Users shall be required to create a Profile on the Site. In the creation of a Profile on the Site, the User shall be required to provide the following personal information: the User’s name or nickname, phone number, contact information, email address, date of birth, photo, gender, interests and what the User is seeking on the Site. The aforementioned information shall be necessary for the creation of the Profile.
When creating a Profile, the User agrees to provide personal information that is honest, accurate and complete. The User recognizes that any incorrect, false or misleading information in the User’s Profile may negatively impair the User’s matches, and the Services provided on the Site.
The User agrees that Promenad shall publish the User’s public Profile on the Site. The public Profile shall be accessible and searchable for Users of the Site and to Members. The User’s public Profile shall display the following information regarding the User: the User’s first name or nickname, one (1) or more photos, as well as the User’s age and location.
The User’s public Profile may feature or display additional personal information with the User’s consent. As such, the User may submit optional information to enhance search results, and help secure matches and activities.
The optional information for Users to provide on their Profiles shall include the following: the User’s sexual orientation, body type, relationship status, ethnicity, religion, political views, life goals, and occupation. Furthermore, the User may choose to indicate if the User has children, if the User is a smoker and the User’s drinking habits. The optional information provided by the User as part of its Profile shall not be published on the Site, unless explicitly authorized by the User by selecting the appropriate options in its Profile.
- 8. PAYMENT INFORMATION
Promenad is available and accessible for free, at no cost to its Users. By creating a Profile and benefitting from the free services on the Site, the User shall receive one (1) Leaf every eight (8) hours. A Leaf may be used to like or express interest in another User on the Site. To obtain additional Leaves beyond those provided as part of the basic Profile on the Site, the User may purchase a Package, consisting of a predetermined number of Leaves.
The purchasing User shall provide its credit card information for the purchase of the selected Package. Every Package may consist of a predetermined number of Leaves, in-app purchases and/or additional services beyond those included as part of the standard User’s Profile. Promenad shall not store or keep the purchasing User’s credit card information. The credit card information shall be used solely to process the payment for the Package purchased by the User, and shall be transmitted to the Site’s payment processing services for such purpose.
- 9. INFORMATION COLLECTED FROM THIRD PARTIES
Users may log onto the Site using their social media profiles or accounts on other websites or applications, including Facebook and Apple ID. The Site offers its Users the option of logging into their Profiles from another account or profile. Upon logging into the Profile on the Site from another website or account, the User recognizes that Promenad shall gain access to information made available by the platform, such as Facebook or Apple. Such information may include, without limitation, the User’s name or nickname associated with the account, the User’s profile picture, friend list, email address, and groups connected or liked on the User’s profile. The information secured by Promenad from the third party shall depend on the User’s privacy settings on the platform. Promenad shall collect such Information based on the privacy policies applicable to such platforms.
- 10. AUTHORIZED USAGE OF INFORMATION
Promenad shall use the personal information collected from the Site solely for the purposes expressly detailed in this Privacy Policy. Promenad shall use the information collected from the Site to the extent required by its legitimate business interests, to provide the Services and according to the consents provided.
Promenad shall use personal information and information collected from the Site to provide dating services and features on the Site and to allow Users to interact with other Users on the Site, as part of the Services. Accordingly, Promenad shall use the personal information collected on the Site to:
(i) Provide Services to Users;
(ii) Connect Users on the Site and to facilitate exchanges between them;
(iii) Allow Users to send Leaves to other Users on the Site to express interest, or to initiate a conversation or chat;
(iv) Process payments for Packages purchased by Members on the Site;
(v) Respond to questions and inquiries, and offer support services relating to the Site.
Users acknowledge and agree that Promenad may use personal information to send promotional messages, opportunities, and updates with respect to the User’s Profile, or other matters relating to the Site. Promenad shall not use personal information to send advertisements for third party services or products. Any information sent by Promenad to Users shall relate exclusively to the Site, to the User’s Profile, potential matches, activities that may be of interest, and communications involving other Users. The User may opt out of receiving notifications and updates regarding the Site by following the instructions published on the Site or in the notification sent by Promenad.
Promenad shall be authorized to use information obtained from the Site for statistical purposes. As such, information collected on the Site shall be used to determine performance data, metrics, and statistics relating to Users, interest on the Site and usage thereof.
Promenad may use personal information and indirect identifiers obtained from the Site for the following purposes: (i) to comply with a valid legal obligation or applicable law, (ii) for reasons of public interest, (iii) if the information is deemed to be part of the public domain; and/or (iv) according to a User’s Specific Consent (as further defined).
Once a User disables or removed its Profile from the Site, the User shall no longer receive written communications or notices in connection with the Site.
- 11. SPECIFIC CONSENTS
Users may specifically consent for their personal information to be applied and used for purposes beyond the scope authorized in this Privacy Policy. Such permission by a User shall be referred to as a “Specific Consent”. The Specific Consent may relate to the disclosure, collection, handling, maintenance, storage and usage of the User’s personal information with regard to the Site. To be valid and enforceable, the Specific Consent shall be provided in writing and shall specify the purpose thereof. The Specific Consent may consist of a checkmark or option selected by the consenting User.
Provided the specific consent is compliant with this Privacy Policy, Promenad shall use the consenting User’s personal information for the purposes set out in the Specific Consent. The Specific Consent may be unlimited in time or for a limited period of time. If the Specific Consent is for a restricted duration, Promenad shall use the personal information according to the Specific Consent during the time frame specified.
- 12. USER RIGHTS
Users who provide and disclose personal information on the Site shall be granted a series of rights in connection with the information provided.
Promenad shall use caution and care to ensure the User’s information, both public and private, is correct and valid. If a User finds that the personal information held by Promenad or published on its Profile is incorrect, misleading, erroneous, unusable or otherwise unacceptable, the User may request the correction or rectification of its personal information on the Site. Any such request must be transmitted by email to privacy@gopromenad.com .
A User may request for additions or changes if the User determines that the personal information stored on the Site is incomplete or inadequate. The User’s request shall indicate which information is incomplete, and the request shall specify the addition sought. Such requests must be sent by email to privacy@gopromenad.com .
A User may also request for its personal information to be deleted from the Site and its servers. Any such request shall be submitted by email to help@gopromenad.com . The request may specify the reason for which the deletion is sought. Promenad reserves the right to request additional information from the User to review the request. Provided the request has been validly provided, Promenad shall delete the User’s personal information from the Site.
- 13. DISCLOSURE PURSUANT TO A LEGAL OBLIGATION
Promenad shall have no choice but to communicate and disclose all information required by a legal obligation or a valid court order. Considering the tight deadlines and potentially urgent orders, Promenad may not be able to notify the impacted User prior to the disclosure of its personal information. In such cases, Promenad shall share the requested personal information, but Promenad shall ensure the information shared is restricted to that which is strictly necessary to comply with the order or law.
Users of the Site waive their right to be notified prior to the disclosure of any personal information if Promenad is required to share required by law or a court order. Nonetheless, Promenad shall notify the impacted User in advance if possible. The notification shall allow the User to seek a protective order or remedy to protect its personal information.
- 14. STORAGE OF INFORMATION
The information collected on or through the Site shall be stored in Promenad’s secure servers and in a trusted third party hosting company’s servers. The third party hosting the servers shall comply with strict protocols to ensure the security of the information stored.
Any information relating to payments and credit cards shall be handled by Promenad’s selected payment processing company, who shall be responsible for maintaining the safety and confidentiality of such payment information.
All information held by Promenad shall be stored until the User requests its deletion. More specifically, such information shall remain stored in the Site’s servers for the duration required based on the purpose of the collection, applicable laws and any Specific Consent provided by the User. If the storage of information is indispensable for reasons relating to public interest, Promenad shall store the personal information in its servers indefinitely or for the longest duration permitted by applicable law, whichever is shorter. Notwithstanding the foregoing, Promenad shall delete personal information relating to a User upon request.
- 15. SECURITY
Promenad shall protect the confidentiality, security and integrity of the personal information provided on the Site. The personal information provided on the Site shall be handled in confidence by Promenad and while maintaining its integrity and security. Any such information shall not be shared with any third parties, except as authorized by the present Privacy Policy. Further, any transfers, transmissions or storage of the personal information shall prioritize the safeguarding and protection of such information. Any information held by Promenad shall be stored on secure servers.
- 16. INFORMATION TRANSFERS
To protect the integrity and security of its Users’ personal information, Promenad shall not transfer personal information collected from the Site outside of the United States and Canada, except if the transfer complies with data protection laws. As such, Promenad may only transfer personal information collected from the Site to countries that are subject to enforceable data protection laws. The General Data Protection 2016/679, commonly abbreviated as GDPR, imposes data protection and privacy obligations in countries based in the European Union. For this reason, Promenad may transfer data to countries within the European Union.
- 17. COOKIES AND AUTOMATIC DATA COLLECTION
Cookies, also referred to as browser cookies, are small files placed or otherwise downloaded on the User’s hard drive or mobile device. Promenad uses cookies on the Site to enhance the Users’ experience while browsing or using the Site. The cookies shall retain information regarding the User’s preferences and selections to facilitate subsequent usage of the Site.
It is possible for a User to disable cookies by activating certain browser settings, adjusting cookie settings or completely turning off the cookies. Users recognize that certain sections of the Site may be unavailable or inaccessible if cookies are disabled or removed. Certain parts of the Site may not function optimally if cookies are removed.
Promenad reserves the right to use web beacons on the Site. Web beacons, also referred to as tags or pixels, are small electronic graphic images that remain embedded in a webpage. The web beacons serve to validate that Users accessed or visited specific pages or content. Promenad may utilize beacons for analytics and statistical purposes. Web beacons may also be used on the Site to calculate the number of Users who accessed a specific page. Web beacons help gage the popularity of content published on the Site, thereby determining which parts and sections on the Site are useful for Users.
- 18. THIRD PARTY SITES
The present Privacy Policy shall apply solely to the Site, and not to any Third Party Links. While Third Party Links may be displayed on the Site, these Third Party Links are provided for reference and information purposes. Promenad shall not be governed or bound by the privacy policies of such Third Party Links. These Third Party Links shall not bind or otherwise engage Promenad in any way.
Further, any personal information submitted to a third party on a Third Party Link shall not be handled according to this Privacy Policy. The personal information provided to the Third Party Link shall be governed by such third party’s privacy policy, and not according to the present Privacy Policy. As such, Promenad shall not be liable for the collection, management, handling and usage of any User’s personal information by the Third Party Links.
- 19. CHANGES TO THIS PRIVACY POLICY
Promenad may make changes, amendments, modifications or updates to this Privacy Policy, at any time. The updated Privacy Policy shall be published on the Site. The published Privacy Policy shall specify the date of the latest update to the Privacy Policy.
The updated Privacy Policy shall be binding and applicable as of its publication on the Site. A User’s access, viewing, browsing, download or use of the Site following the publication of the updated Privacy Policy shall constitute the User’s acceptance of the updated Privacy Policy in full and without restriction.
- 20. QUESTIONS, INQUIRIES AND COMMENTS
Promenad welcomes any questions, inquiries, requests and comments relating to this Privacy Policy. Any questions, inquiries, and comments with respect to the present Privacy Policy should be addressed to Promenad by email at privacy@gopromenad.com .
