Privacy Policy

Introduction.

Welcome, this is the Privacy Policy and Personal Data Notice applicable for our platform known as OneChannel, available via our mobile application software available for mobile devices with the Apple iOS and the Google Android operating systems, and also for our website www.onechannel.one, including its sub-domains and its mobile optimized versions. We also recommend you to read our Terms, along with any and all of our rules, guidelines and ancillary policies (if any), all included herein by reference.

This Policy applies to our mobile application software and any component sub pages and any other controlled website or platform that references this Policy, along with any of our operated platforms, as well as any data we may collect across partnered and unaffiliated websites. For clarity, this Policy also applies to PI collected through the mobile and desktop version of our website, independently of the mobile operative system, mobile device or browser you use to access it.

Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms. By accessing or using our Platform, you affirm that you have read, understood, and agreed to this Policy and our Terms.

Definitions.

The following defined terms will be used in this Policy, whether they are used in the singular or plural form. Any capitalized terms not defined in this Policy shall have the meanings set forth in our Terms, guidelines, terms, or rules referenced therein, as applicable.

Privacy Policy shall be referred to as thePolicy”

Instinct Technology Ltd. shall be referred to as the “OneChannel” and “our”,us” or “we”.

The OneChannel mobile app shall be referred to as the “App”

A visitor or end user of our App is referred to as “you”,your(s)” or “yourself”.

Personally Identifiable Information shall be referred to as “PI”

Terms and Conditions of Service shall be referred to as the “Terms”

Our suite of rendered online services shall be the “Services”

PI, as described in various privacy laws and information security standards, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

In addition, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to your PI and other data collected from our visitors and end users.

User Agreement & Registration.

As a user of our App, you will be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration form, pop-up box or other analogous means. Through that action, you thereby acknowledge and agree to the terms of this Policy, which is and constitutes a legal, binding agreement between you and OneChannel.

Overall, this Policy is freely available for your review prior to registration, and if you do not agree to its terms, your remedy shall consist of not registering an account and exiting the web tab through which you visited our App.

For purposes of this Policy, the App shall be the initial point of contact between you and OneChannel, and will serve as the point of collection of any personal data you may provide us.

Accordingly, by registering with us and/or otherwise using our products and services, you consent to the collection, transfer, processing, storage, and disclosure of your PI as described in this Policy.

User eligibility.

OneChannel does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may only access OneChannel and our Services under the direct, express and unequivocal supervision of your parent or legal guardian.

Users are prohibited from providing OneChannel with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians. OneChannel does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.

How do We Collect Information?

When downloading and using our App, when registering for an admin account, when registering for an enjoyer account, when making an individual purchase, when purchasing any recurring subscription, when providing any user generated content, when using third party advertising networks, when interacting with any users, and other means which may result applicable, our platform will collect certain personally identifying information.

We may also collect PI from you when you subscribe to a newsletter or enter your email address, respond to a survey, fill out a form, use live chat or enter information on our App. Note that if you choose not to provide some PI, we may not be able to provide the Services or respond to user requests.

Generally, through the provision of the Services, OneChannel may collect the following types of PI:

Personal Information.

Includes information that can be used to personally identify an individual person, such as: (e.g. name (first and last) and email address). Accordingly, you hereby represent and warrant to OneChannel that you have the necessary rights and authorizations required for the disclosure of any and all PI. For more information on copyright and intellectual property rights, please visit our Terms.

Your name, photo, and any other information/data that you opt to add to your public-facing profile will be available for viewing by the public and other users of OneChannel.

When you create a profile, others may be able to see in your profile certain information/data about your activities on OneChannel, such as the questions and answers you post, your followers and whom you follow, your points and badges, topics that you find interesting, the information you list as credentials, the channels that you use and select for viewing, along with your browsing history and habits.

Thus, Personal Information collected will include, but will not be limited to:

Name and Surname

Date of birth, age

IP address

Non-Personal Information.

Includes information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.

User Generated Content

Includes information and content that you post, upload, use, exploit, sell, subscribe to or otherwise exploit when using OneChannel.

Personal Information Collected via Third Party Tools.

Includes information such as aggregate user statistics, analytics, demographic information, and web site usage information. As our user, you will generally be able to control and select the amount and type of PI you may disclose to us.

You may also choose to connect and make and receive payments to and from third-party networks; if you do so, you will be allowing us to pass to and receive from the third party payment processing platforms your login information and other user data for payment purposes.

As of the last effective date, we use the following processors:

  • Google Analytics – cookies, analytics, metrics

  • Mailjet – email newsletter management and database

  • Hotjar – cookies, analytics, metrics

  • Facebook – remarketing

  • Snapchat – remarketing

Personal Information Collected via Third Party Platform Sign On Integration.

We may allow our users to use single sign on authentication services such as those provided by HBO, Netflix, Amazon, Hulu and Disney (as available). Henceforth, the App might provide an option of using user media credentials to execute sign on to each service, thus, by such action, we may collect your PI as given by such third party platforms, but never more than the PI these platforms disclose. If you deauthorize access to our App, your access to said platforms may be suspended.

Collected PI from such third parties will include, but will not be limited to, friends, email, personal data, image gallery, viewing history, viewing preferences, likes, lists and other information.

For more information, please read the terms and policies of such third party platforms. Please take into account that such third party platforms may in turn disclose and share your personal information according to their own rules, guidelines and policies.

For our users who are admins of said platforms main user account content that is shared to enjoyer customers, such integrations may other of our users to use, access, treat and use your browsing habits and other information. We recommend that you do not use your real name on the admin account, nor disclosing your payment data.

Any changes in such platform’s functionalities will be the sole and final responsibility of the social media network.

Payment Processing Providers.

We use a Stripe to process subscription payments, and therefore provide them with the personal data required to charge your credit card and maintain any payment information.

Platform Providers.

We host our website, the back-end of the App and overall operate platform using third parties, including Google Cloud Platform and Amazon Web Services. Your PI will be transferred and hosted from their data centers throughout the United States and other jurisdictions.

Technical Information Collected via the App.

As you navigate through the App, a desktop or a mobile browser, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.

Internet Protocol (IP) addresses.

An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our App, and administer and improve services to our consumers.

Cookies.

A “cookie” is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.

Internet tags.

Also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs, they are smaller than cookies and tell the App´s server information such as the IP address and browser type related to the visitor’s computer. Our App and websites use Internet tags.

Navigational data.

Also known as “log files,” “server logs”, “clickstream” data and “Internet Tags”, they are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.

Analytics

We may collect analytics data or use third-party analytics tools such as Google and Hotjar to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users.

See http:www.google.com/policies/privacy/partners for more about Google analytics and practices. We may also employ third-party partners and technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices.

Aggregated Statistics

We may share PI with our advertisers or publishers aggregate statistics, metrics, and other reports about the performance of their ads or content in our platform, such as the number of unique user views, demographics about the users who saw their ads or content, conversion rates, and date and time information. Certain features may allow you to share your personal information with advertisers on our platform if you opt-out.

We may share aggregated anonymized or de-identified information with third parties for research, marketing, analytics, and other purposes.



Why do We Collect Personal Information?

We will store PI for the purposes of managing collaboration with other users, improve your user experience, send newsletters and contact you about inquiries for our Services. Overall, we use the collected PI in order to:

If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our App, though we will not be able to guarantee that you will be able to enjoy them at their fullest if you elect not to disclose it to us.

Disclosure of Personal Information.

Through the provision of its Services, OneChannel may need to disclose and/or collect the following PI:

Disclosure to Affiliates and Partners.

We will need to share your PI with authorized third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work.

We may allow selected third parties to use tracking technology on the App, which will enable them to collect data on our behalf about how you interact with our App over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity.

Disclosure to Business Successors.

If our business is sold or merges in whole or in part with another business that would become responsible for providing our Services to you, we retain the right to transfer your PI to the new business. The new business would retain the right to use your PI according to the terms of this Policy as well as to any changes to this privacy notice as instituted by the new business. We will also retain the right to transfer your PI if our company files for bankruptcy and some or all of our assets are sold to another individual or business.

Lawful Disclosure.

We, or our affiliates, clients, contractors, licensors, officers, agents and/or representatives, reserve the right to allow access to any of your PI when we think it is reasonably important or when you violate the terms mentioned in this policy. Hereafter, we will have the right to disclose any or all gathered PI and/or data, when the following circumstances arise: (i) if necessary under an applicable law; (ii) in reply to a legal demand, warrant or subpoena from an agency of the law; (iii) to protect ourselves and our affiliates from any legal third party claims and procedures that may be brought to us (inclusive of takedown notices); and/or (iv) to prevent or cause cessation of any undertakings that may be construed by us as having the ability to be or cause a predicament or hazard to us.

Vital Interests.

We may disclose your PI where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.



Disclosure of PI to Third Party PI Processors.

In order to provide our Services, we use third-party platforms and tools that are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging being subject to the applicable terms and conditions of such third party platforms, which provide functionalities that include aggregated statistics. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.

Our App may also present our commercial partner’s hyperlinks as well as those of other third parties. Once you have used these links to leave our App or websites, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such platforms and that such platforms are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Commercial Message Communications Authorization.

Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.

We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.

Generally, you have the right to object to the processing of your PI if grounds for said objection are to direct marketing. You also have the right to opt out of receiving promotional communications at any time by: (i) contacting us; (ii) when we may ask you to confirm or update your marketing preferences if you instruct us to provide further the features and functionality of the App in the future; (iii) if there are changes in the law, regulation, or the structure of our business.

Cookie Policy.

Periodically, we may place what are known as ‘cookies’ inside your computer device for the purpose of tracking and collecting data in regard to your utilization of our App, our websites and our Services. These files are small texts that our site transfers to your device, and which allow us to recognize you and obtain certain data. By agreeing to accept our use of cookies, you are giving us, and the third parties we partner with, permission to place, store, and access some or all the cookies described below on your computer:

We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.

When you access our platform via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS) instead of cookies in order to recognize you and track displayed web pages, along with their performance. For the latest versions of Apple iOS, your device would request you one or more times for your express consent for advertising tracking.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at www.allaboutcookies.org and at www.youronlinechoices.com.

Advertising.

We use first-party cookies (such as Google Analytics’ cookies) and third-party cookies (such as Google DoubleClick’s cookie). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.

From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.

The served ads will be targeted based on your previous browsing history, and may include retargeting codes. For example, third-party vendors may show you OneChannel’s ads on certain websites across the Internet, even after you leave our platform. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.

We also may report aggregated or de-identified information about the number of users that saw a particular ad or content and related audience engagement information to users of our Services and to publishers of content on OneChannel.

Advertisers who use our Services can, likewise, provide us with information as part of their ad campaigns, including customer information (e.g., email addresses, phone numbers, or other contact information, demographic or interest data) in order to create custom audiences for personalizing their ad campaigns or for measuring the effectiveness of their ads; we only use this information to facilitate the particular advertiser’s campaign (including ad metrics and reporting to that advertiser), and we do not disclose this information to third parties (other than our service providers) unless required by law. Also, we do not disclose to the advertisers who use our Services the names or contact information of their customers.

Google’s advertising requirements can be summed up by Google’s Advertising Principles. Google, as a third-party vendor, uses cookies to serve ads on our App. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our App, third party vendor’s websites and other websites on the Internet.

Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device.

You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.

Opt-out Choice about Third-Party Ad Networks.

For information about and to opt out of interest-based ads from many ad networks, you can visit:

U.S.: Digital Advertising Alliance’s Consumer Choice webpage and the Network Advertising Initiative Consumer Opt-Out webpage.

Canada: Digital Advertising Alliance of Canada’s Opt-Out Tool.

European Union: European Interactive Digital Advertising Alliance webpage.



Do-Not-Track Disclosure.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized.

As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network web page.

Users can set preferences for how Google advertises to you using the Google Ad Settings web page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add-on.

Your Choices as Our User.

You can decline to submit certain information and PI to OneChannel, in which case we may not be able to provide certain of our Services to you. You can also control the types of notifications and communications we send, limit the information shared within our platform about you, and otherwise modify certain privacy settings on your browser and device.

You can update or modify your account information at any time by logging in to your account. You may also make a number of other adjustments to settings or the display of information about you.

Any deleted content will not be able to be removed from third party sites from which it has been shared via OneChannel’s standard sharing features. Please keep in mind that we have no control over deletions or changes to your content if it has been shared manually by others once it becomes public domain.

Security of Collected Information.

The security of your PI is important to us, but please 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 information, we cannot guarantee its absolute security.

You can be assured that personal information collected through the App is secure and is maintained in a manner consistent with current industry standards. The importance of security for all personal information associated with our subscribers is of utmost concern to us. Your personal information is protected in several ways. We protect inputted information by undertaking the reasonable technical and administrative security measures (e.g. firewalls, data encryption, physical & administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.

Notice to California Residents.

Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), OneChannel and its affiliates hereto provide the following Policy notice regarding the categories of PI that we have collected or disclosed within the preceding twelve (12) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of OneChannel, or emergency contacts or benefits beneficiaries of the foregoing.



Henceforth, the CCPA provides Californians with the following rights:

Overall, we have, may or will collect the following categories of PI from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:

Amendments to this Policy.

Periodically, and at the final discretion of ourselves, we may update, change, suspend and/modify or our App, our Services, our websites, this Policy and/or our Terms, in whole or in part, at any moment and without prior notice. We hereby reserve such right in order to operate our business and protect ourselves. Your use after any changes indicate your acceptance thereof and we will post a notice regarding such changes on our App, and may also write an email to you or otherwise notify you.

If a situation warrants that we change our privacy policies and procedures, we will try to post those changes on our platform, indicating the date where the changes will become effective, and thus we encourage you to review our web pages periodically. If we make any changes to this Policy that materially change how we treat your personal information, we will endeavor to provide you with prompt notice of such changes, such as through a prominent notice on the App, through a push notification or to your email address of record. Where required by law, we will obtain your consent or give you the opportunity to opt-out of such.

Governing Language.

From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of the App and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

Contact.

If you have any questions or comments about us, our App, our Terms and/or this Policy, please contact us via email to support@onechannel.one. Note that communications made by email or the “Contact Us” page does not constitute legal notice to the OneChannel entity.

Flat C, 8/F, Block 17, Ocean shores #88 O King road

Tseung Kwan O New Town, Hong Kong



Date of last effective update is 29.03.2021.