プライバシー通知

NOTE: This Privacy Notice is drafted in English. If this Privacy Notice is offered in any language other than English, it shall be for information purposes only and, in case of conflict between the English-language version and any translation thereof, the English-language version will prevail.

Introduction

MEDIASENSU LLC operates the website pecheca.com and the game Pecheca, in the version that runs in a web browser and in its application for Android devices (hereinafter Pecheca), and is the controller of the information collected or provided via Pecheca. Pecheca and its representatives, officers, shareholders, subsidiaries, affiliates, partners, employees, and agents (collectively “we”, or “us” or “our”) provide the game and its content (“Game(s)”) on Pecheca and on its associated properties, games and platforms (Games and Pecheca are hereinafter collectively referred to as “Pecheca”).

Please read this Privacy Notice carefully, as your access to and use of Pecheca signifies that you have read, understood, the terms set forth in this Privacy Notice. This Privacy Notice explains how we collect, use and disclose information from individuals who visit Pecheca. We respect your privacy and are committed to protecting your personal data.

If you have any questions about our privacy practices, please see the section “Contact Information” below for information on how to contact us.

1. Scope

For the purposes of this Privacy Notice, “process”, “processed” or “processing” means any operation or set of operations performed on personal data or on sets of personal data (excluding disclosure thereof), whether by automated means, including one or several of the following operations or as otherwise defined by applicable law: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure, or destruction. Information on disclosure of personal data or of sets of personal data may be found in the “Disclosure of Your Personal Information” section below.

This Privacy Notice applies to information we process:

• on Pecheca; and
• on your communications with Pecheca via email, the support desk or otherwise.
• through mobile applications you download from Pecheca, which provide dedicated non-browser-based interaction between you and Pecheca, or to your interactions with applications, and contest pages made available on third-party websites and services by the same entity, where such applications, or contest pages include a link to this Privacy Notice.

2. Our Policy Towards Minors

Pecheca prohibits minors from using the platform. Pecheca is forbidden for persons under the age of 18 and the applicable age of majority in the jurisdiction from which Pecheca is accessed. We do not intend to process minors’ Personal Data (as defined under section 3 below). If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us through our contact form to have that minor’s Personal Information deleted.

You are asked to confirm that you are of legal age before any content is shown (the age gate) and again when you create an account. If we learn that an account belongs to a minor, we close it and delete its data.

3. The Data We Process About You

“Personal Data” or “Personal Information” refers to any information relating to an individual that can be used to identify that person, either directly or indirectly or as otherwise defined by applicable law. This does not include data that has been anonymized or aggregated in such a way that the individual is no longer identifiable.

We may process different types of Personal Data about you, depending on whether you choose to create an account with us.

Unregistered Users

Individuals who visit Pecheca without logging in or creating an account. We process the following categories of information:

• Contact Data: We will only process your email address or any other information which you voluntarily provide to us at your direction for a specific function, namely, such as to participate in a contest or survey.
• Online Forms and Communication Data: We process Contact Data and other information that you submit through online forms provided on Pecheca or information you send to us via email, the support desk or otherwise such as information provided in the context of support requests or any other inquiries, the content reporting and moderation of content, and our internal complaint handling system. The e-mail address you give in our contact form is used only to answer your message, and the form itself stores neither the address nor the message.
• Website Activity Data: We process information about how you use Pecheca, products and services and interact with content, including the pages you visit on Pecheca, and the referring web page from which you arrived on Pecheca We process browser and operating system information, devices you use to access Pecheca, your time zone setting and other information we collect through the use of cookies and similar technologies, such as online identifiers and internet protocol (IP) address information, as explained below in the section on Cookies and Automatic Data Processing Technologies.
• Logs: when our servers record an event during your visit, such as an error, a warning or an action we audit, the record keeps the IP address of the request; these records are kept as the table in section 14 says.
• Age confirmation: We record that you confirmed at the age gate that you are of legal age (a cookie on your device) and, for Registered Users, the date on which you certified your age and accepted the Terms of Use.

Registered Users

Individuals who choose to create an account on Pecheca will have the same categories of information processed as described above for Unregistered Users. In addition, we process the following information specifically for Registered Users:

• Contact Data: We process username, password (stored only as a one-way hash) and email addresses.
• Sign-up address, place and age check: your account keeps the IP address it was created from. When you create it, our server also looks up the place that address belongs to ( a country, or a US state such as US-TX ) in a location database it holds itself ( IP Geolocation by DB-IP ), so the address is not sent to anyone for this; the lookup keeps only the place, which stays with your account. Where the law of that place asks for an age check, we keep its result once you pass: that you were verified as 18 or older, when, by which service, and that service's reference for it. The check at sign-up is made with go.cam, for players and creators alike: no document, photo or date of birth reaches Pecheca, and go.cam's own privacy notice covers what go.cam processes. Creators also verify their identity and age through Yoursafe ID before their characters can go on sale: we receive the result of the check, never the document or the photos.
• User Submitted Personal Information: We process information you submit for a specific function, for example your language and time zone, feedback, as well as any other information which you voluntarily provide to us at your direction for a specific function.
• Sensitive Personal Information: Depending on how you use Pecheca, we might collect special categories of Personal Information concerning your sex life or your sexual orientation.
• Transaction data: We collect details about payments from you and details of products and services you have purchased and any failed payments. Any payments you made are processed by our third-party payment providers. We do not process your full payment card number, payment card expiration date, or the security code.
• Game data: your characters, items, balances of Tokens, Pings and in-game currencies, tasks, achievements, event results, play days and play time, and which shop entries, offers and chat screens you opened.
• AI chat data: the messages you send to characters in the AI character chat, the replies, and the short “memories” a character keeps about your conversation. What you write in the chat can itself reveal Sensitive Personal Information.
• Support data: the tickets you open at the support desk, the replies and the images you attach.
• Creator data (creators only): the characters, images and other content you submit, your portfolio links, your prices and sales, your payout requests, and your payout profile with the details needed to pay you: the IBAN of your Yoursafe account, the name of its account holder and their country.
• Creator tax data (creators only): before your first payout we collect the tax form United States law requires: Form W-9 if you are a US person, Form W-8BEN (or W-8BEN-E for a company) if you are not. The form carries your legal name, your address, your taxpayer identification number or foreign tax number, your date of birth (on a Form W-8BEN) and your signature. We process it to comply with US tax law, and we share it with the US tax authority and with a tax-filing service we use for that purpose. We keep it for as long as US tax law requires.

4. The Sources from Which We Process Personal Information

We process Personal Information in the following ways:

• Directly from you: We process the categories of Personal Information listed above directly from you.
• Automated technologies or interactions: As explained in the section below on Cookies and Automatic Data Processing Technologies, we set cookies and other automatic techniques to process website activity data when you visit Pecheca.
• Our payment processor and our payout provider: We receive confirmation of the status of your payments, refunds and chargebacks from our payment processor, and of payouts from our payout provider.

5. Purposes for Which We Process Your Personal Information

We process Personal Information for the purposes described below.

• Provision of services. We process identifiers, website activity data, contact data (if voluntarily submitted as described hereinabove) and, additionally for Registered Users only, Personal Information and user contributions, including to any interactive features on Pecheca, to provide products or services that you request from us.
• Customer management and quality assurance (Registered Users Only). We process identifiers and Contact Data to manage Registered Users’ account, to provide customer support and notices to the Registered Users about their account, and to provide notices about changes to Pecheca or any products or services we offer or provide. Additionally, we may process communications data and online forms data for training our customer support teams, quality assurance purposes, and to improve the quality of our customer service interactions.
• Age confirmation. We process your confirmation that you are of legal age, given at the age gate and when you create an account, to restrict Pecheca to adults, and the place you sign up from and the result of an age check to apply the law of that place: to refuse an account where Pecheca is not offered, and to ask for an age check where the law requires one.
• Communications and handling of requests. We process online forms and communications data and other information as they may be necessary to respond to and resolve any of your requests, including where this is required to ensure compliance with our legal obligations.
• Analytics. We process website activity data to determine whether users of Pecheca are unique, or whether the same user is using Pecheca on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns.
• Product improvement. We may process activity data, user submitted Personal Information, and user contributions to improve our products and services.
• Fraud Prevention and Risk Management. We may process any of the categories of Personal Data mentioned herein to diagnose or fix technology problems, to detect, prevent, and respond to actual or potential fraudulent, illegal activities, unauthorized access, identity theft, or intellectual property infringement. This includes monitoring unusual patterns of behavior, maintaining security of accounts, user authentication and transactions.
• Platform safety. We may process any of the categories of Personal Data mentioned herein to promote safety and security on Pecheca. We use the information we collect to help protect Pecheca users from harm and provide safe, secure product.
• Compliance. We may process any of the categories of Personal Data mentioned herein to enforce this Privacy Notice, our Terms and Conditions and to comply with any applicable legal obligations, namely but not limited to responding to your data subject requests, to verify the age of users having access to Pecheca, to respond to content reports, and to comply with applicable content moderation and complaint handling obligations.
• Business Operations and Administration. We may process contact data, identifiers, transaction data, and website activity data for internal business administration purposes, including accounting, auditing, recordkeeping, insurance purposes, corporate governance, reporting, and business planning.
• Legal Defense. We may process any of the categories of Personal Data mentioned herein to establish, exercise, or defend our legal rights in connection with actual or potential legal proceedings, disputes, or claims. This includes disclosing Personal Data to our legal counsel, courts, and other parties involved in legal proceedings where necessary to protect our interests or comply with legal processes.
• Business Transfers and Corporate Transactions. We may process any categories of Personal Data in connection with potential or actual mergers, acquisitions, divestitures, restructuring, reorganization, dissolution, or other sale or transfer of assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• Information you provide. We will process Contact Data and user submitted Personal Information in any other way we may describe when you provide the information or for any other purpose with your consent provided separately from this Privacy Notice.
• AI character chat. We process AI chat data to generate the replies of the characters and to let a conversation continue. We do not sell your chat messages and we do not use them to train the artificial-intelligence models of third parties.
• Purchases. We process transaction data to deliver the Tokens and Pings you buy, to keep the accounting records the law requires and to handle refunds and chargebacks.
• Paying creators. We process creator data to review submitted content, to calculate what a creator has earned and to pay it out.

6. Our Legal Bases under Canadian, UK and European Union (EU) Privacy Law

To the extent required by applicable laws, we process your Personal Data only when:

• You provide your consent for a specific purpose: for example, when you allow us to remember your preferences on your device through the Cookie Banner. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal.
• It is necessary to perform our contractual obligations as per our Terms & Conditions on Pecheca: for example, to create your account.
• It is necessary to comply with legal obligations: for example, we may be required to collect, use, or disclose your information in connection with civil, criminal, corporate, taxation, regulatory matters, or litigation.
• It satisfies a legitimate interest which is not overridden by your data protection interests: such as for example (i) fraud prevention and risk management (i.e. to keep Pecheca safe and secure from fraud and illegal activities), (ii) analytics, (iii) product improvement and development, (iv) functionality and security, (v) content moderation and policy enforcement, (vi) legal defense, (vii) business transfers and corporate transactions.
• It is used to protect your or others’ vital interests: for example, in rare life-threatening emergency cases and crime.

Depending on the circumstances, we may rely on different legal bases when processing your same information for different purposes. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), the legal bases on which we rely may differ from those listed above.

7. Disclosure of Your Personal Information

We disclose your Personal Information when necessary to perform the services or for other purposes set out in this Privacy Notice. Disclosure of your Personal Information may also involve transfers of your Personal Information outside your country of residence. To the extent that you reside in the EEA and the UK and where we need to transfer Personal Information outside the EEA, we will do so according to the section “Transfers of Your Personal Information to Other Countries” or when necessary for the performance of the contract between us. The parties to whom we may disclose your Personal Information include:

• Our contractors: To provide our services to you, our contractors may receive access to your Personal Data only on a need-to-know basis. Such contractors abide by confidentiality obligations.
• Our corporate group: We may disclose any of the categories of Personal Information that we collect to members of our corporate group to the extent this is necessary for the purposes described in this Privacy Notice, and generally to operate our business, which includes: identification and age verification purposes, transaction monitoring and payment processing, customer support, facilitating business and product development (including for AI product improvement), administering user accounts or providing IT, technical and engineering support. You acknowledge that in some cases, members of our corporate group might be established or run their services outside the EEA.
• Service providers: We disclose certain categories of Personal Information to our authorized service providers (such as payment processing and payout providers; hosting, infrastructure and content delivery providers; IT maintenance, performance monitoring and security providers; communication and email service providers; customer service and support platforms) to enable us to provide our services to you pursuant to our Terms & Conditions. These service providers may use your information only to perform these tasks on our behalf, such as payment processing, risk and fraud detection and mitigation, customer service, security, hosting or supporting Pecheca’s functionality. These service providers have limited access to personal information needed to perform their functions but are not permitted to process such information for any other purposes.
• Legal successors: We may disclose all categories of Personal Information we process to a potential buyer(s), or investor(s), other successor(s) in the event of a merger, acquisition or sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Such transactions may be in our legitimate interest, particularly our interest in making decisions that enable our business to develop.
• Legal and Regulatory Recipients: We access, preserve and share Personal Information with regulators, public authorities, law enforcement, government agencies, out-of-court dispute settlement bodies or other authorities.
• Professional Advisors: legal counsel, accountants and auditors, tax advisors, business consultants.
• Other Users: Your username is visible to the other Users of the Game.

Our service providers on the date of this Privacy Notice are:

The AI character chat runs on servers that we operate. Your chat messages are not sent to an artificial-intelligence company.

8. Cookies and Automatic Data Collection Technologies

As you navigate through and interact with Pecheca, we use automatic data collection technologies to collect website activity data. The technologies we use for this automatic data collection include cookies and other similar technologies. Cookies are small text files that are stored in your web browser or downloaded to your device when you visit Pecheca.

First and Third-Party Cookies. The cookies set by us are called first party cookies. Third-party cookies are cookies from a domain different than Pecheca. Both types of cookies are text files made up of bits of information that websites use to collect your user data. First-party cookies are mostly used to improve your user experience by remembering user preferences and settings, also used to store information, such as language preferences. The only third-party cookies on Pecheca are those of Google reCAPTCHA on the sign-in and sign-up pages, which tell people from automated programs, and any that our payment processor sets on the checkout page.

We currently use the following types of cookies:

• Essential cookies: These are cookies necessary for the functioning of Pecheca and cannot be switched off in our systems as they enable core website functionality. They are used to carry out the transmission of a communication (e.g. load balancing cookies), provide you with the requested services or are set in response to actions made by you, such as setting your privacy preferences, logging in or filling in forms (UI customization cookies).
• Functional cookies: These cookies are set to implement additional functionalities or to enhance features and website performance. These cookies help us personalize and enhance your online experience on Pecheca. This type of cookies also allows us to recognize you when you return to Pecheca and to remember your choices.

Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires, or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years.

Do Not Track: Our systems do not recognize browser "Do Not Track" signals.

Third-party use of Cookies and Other Tracking Technologies. Some content and features on Pecheca, may be provided by third parties. These third parties may use cookies and similar technologies when you view, interact with, or click their content, including when you are redirected to third-party websites. These technologies may allow third parties to collect certain information such as device and browser details, IP address, and interactions with their content. Pecheca does not control how third parties use these technologies, and their data practices are governed by their own privacy policies. You may manage or disable third-party cookies through your browser settings.

Browser storage and the Android application. Besides cookies, Pecheca keeps a small number of entries in the storage of your browser (for example the security tokens of your forms, your display choices and, for the browser version of the Game, downloaded game files). The Android application stores your sign-in and downloaded game files on your device and uses no cookies. Our Cookie Policy lists each cookie and storage entry, what it does and how long it lasts.

9. Your Choices About How We Collect, Use and Disclose Your Personal Information

We strive to provide you with choices regarding the Personal Information you provide us.

• You can choose not to provide us with certain Personal Information, but that may result in you being unable to use certain features of Pecheca because such information may be required for you to create an account, use our products or services, participate in a contest, promotion, survey, or sweepstakes, communicate with our support teams, or initiate other activities on Pecheca.
• The Cookie Banner allows you to customize your cookie preferences and records your consent to our use of cookies. We will ask for your consent annually, or whenever we make significant changes to our cookies, to ensure you remain informed of any updates. The Cookie Banner controls the functional cookies and storage entries used by Pecheca. Strictly necessary cookies cannot be disabled, and the Cookie Banner cannot be used to block cookies set by third-party websites linked from our website. You can access the Cookie Banner at any time by clicking the Cookie Settings option in the footer of the Pecheca website.
• You may delete your account at any time, unless we are required to retain it by applicable law or a court order. Upon deletion, your account will no longer be accessible. However, we may retain certain information associated with your account for a limited period where necessary to comply, for example with legal obligations, resolve disputes or other legitimate business purposes permitted by applicable law. The records of your purchases are kept after your account is deleted, in the reduced form described in section 10.
• We send you only service e-mails: the confirmation of your account, password resets, replies to your support requests and notices about your account or about these documents.
• U.S. residents- You can learn more about the additional choices available to you under applicable state privacy laws in the “U.S. State Privacy Rights and Choices” section below. Residents of the EEA and the UK can learn more about the additional choices available to you under applicable privacy laws in the “EEA or UK Rights Related to Your Personal Information” section below.

10. Your Rights Related to Your Personal Information

Subject to local law and applicable legal requirements and exemptions, you have certain rights regarding your Personal Data.

• Right of access: you have the right to receive information on the Personal Data we hold about you and how such Personal Data is used, as well as a copy of your Personal Data;
• Right to rectification: you have the right to rectify inaccurate Personal Data concerning you;
• Right to be forgotten (for EEA, UK and Quebec residents): you have the right to delete/erase your Personal Data;
• Right to de-indexing (for Quebec residents): you have the right to request that a technology-based intermediary cease disseminating Personal Information through search engines or other similar tools, subject to certain exceptions
• Right to data portability (for EEA, UK and Quebec residents): you have the right to receive the Personal Data provided by you in a structured, commonly used, and machine-readable format and to transmit this Personal Data to another controller;
• Right to object: you have the right to object to the use of your Personal Data where such use is based on our legitimate interests or on public interests;
• Right to restriction of processing: you have the right in some cases, to restrict our use of your Personal Data; and
• Right to file a complaint: you also have a right to file a complaint with your local data protection authority.

If we ask for your consent to process your Personal Data, you have the right to withdraw your consent at any time with effect for the future. Note that, in that case, you may no longer able to use several functionalities on Pecheca or access Pecheca in some cases.

You can delete your account, and the Personal Data associated with it, on the Account page of Pecheca. To exercise your rights of Access, Rectification, Object or Restriction of Processing, or to ask us to help you with the process, write to us through our contact form. Please note that we have one (1) month to respond to your request.

Prior to processing an access or deletion request of your Personal Data, we will need to verify your identity and ensure your right to access or delete the information. This is an appropriate and reasonable security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it or deleted in an unauthorized way.

Please note that unless you have created an account with us, we may not have sufficient information to identify you and therefore may not be able to respond to your request. Additionally, in some cases, to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.

Note that some requests to delete certain Personal Information will require the deletion of your user account as the provision of user accounts is inextricably linked to the processing of certain Personal Information (e.g., your e-mail address). If you delete your account, your Personal Data and all account related information including, but not limited to, user profile data, sharing data and any data or content specifically associated with your account will no longer be accessible. If, after deleting your account, you wish to have an account with us in the future, you will have to sign up for a new account.

When your account is deleted, the records of your purchases are kept, not deleted. We remove from each record the link to your account, the balances recorded at checkout, what the purchase granted and any reason our staff wrote on a reversal of the purchase. We keep what was bought, when it was bought, the price, the creator's share and the date of the deletion and, for a card payment, our payment processor's own reference numbers, which the payment processor can link to the card holder and we cannot. We keep these records for creators' earnings, for our financial records (accounting, and any later refund or chargeback) and for sales figures, until they are purged. Tokens cannot be refunded to a deleted account, but a card payment can still be refunded to the card.

If you are a creator, the characters you transferred to us are ours and are not deleted with your account (section 10 of our Terms of Use): a character we approved stays in the Game for as long as we offer it, with the in-game name it was approved with shown as its designer.

11. U.S. State Privacy Rights and Choices

Specific U.S. states grant individuals certain rights under state privacy laws with respect to Personal Information that we collect. If you are subject to the U.S privacy laws, this section of the Privacy Notice contains disclosures required by law and explains rights that may be available to you.

We do not otherwise engage in “sales” of Personal Information as defined by state laws. Additionally, we do not knowingly sell or share Personal Information of individuals under 18. We do not use or disclose sensitive Personal Information, as defined by the California Consumer Privacy Act (“CCPA”) for purposes that require an opt-out opportunity under the CCPA.

We may use and disclose deidentified information to the extent permitted by applicable law. When we use deidentified information, we maintain and use the information in deidentified form and do not attempt to reidentify it, except to check whether our deidentification processes satisfy the requirements of applicable law.

Your Rights

Residents of certain states have rights with respect to the Personal Information collected by Pecheca. You may be able to exercise the following rights regarding Personal Information, subject to certain exceptions and limitations:

• The right to opt-out of: (i) the sharing or processing of Personal Information for targeted advertising and (ii) the sale of Personal Information about you. Please note that if you opt out of certain practices, we may be unable to provide you with some services.
• The right to confirm whether we are processing Personal Information about you.
• The right to know the categories and specific pieces of Personal Information we collect, use, disclose, and sell about you; the categories of sources from which we collected Personal Information about you; our purposes for collecting, selling, or sharing Personal Information about you; the categories of Personal Information about you that we have sold or disclosed for a business purpose; and the categories of third parties to which we have sold or disclosed Personal Information.
• For Minnesota and Oregon residents, a list of the specific third parties to which we have disclosed Personal Information.
• The right to receive a portable and readily usable copy of the Personal Information we have collected about you, to the extent feasible.
• The right to correct inaccuracies in the Personal Information we have collected about you.
• The right to request that we delete certain Personal Information we collected about you.
• Depending on your state law, you can:
• Opt-out of our processing of certain “sensitive” information; or
• Withdraw consent for such processing if you previously gave it.
• Not be subjected to discrimination for the exercise of these rights. We will not deny residents the use of our service, neither will we provide a different level or quality of services for exercising any of their state privacy rights, unless as permitted under the applicable state law.

Additionally, if you have submitted a request that we have not reasonably fulfilled, you may contact us to appeal our decision through our contact form, with the topic “Appeal a decision”.

If you would like to exercise your rights, please write to us through our contact form, with the topic “A privacy request” and the words “U.S. Privacy Rights Request” at the start of your message.

In either case we may need to request the following information to verify your identity and enable us to locate your information in our systems: your username and email address that you used to create an account with us, as well as any other information which we may reasonably request for us to verify your identity. For Registered Users, we may require you verify that you have access to your account and/or email account that you used to register with us.

You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so. We will require the agent to provide us with proof that you have authorized the agent to make requests on your behalf prior to responding to requests from the agent.

12. Notice to Law Enforcement

The following information serves as a guideline for law enforcement officials seeking disclosure of records. You may serve us a valid court order, subpoena, search warrant or equivalent legal or official administrative document by respecting the following conditions:

• You first write to us through our contact form, and the document(s) is sent by e-mail in reply to our answer;
• The document(s) you are serving is correctly issued to MediaSensu LLC by a valid court of law or equivalent legal or administrative authority;
• The document(s) is also sent by mail to MediaSensu LLC, at the registered address given in section 17 of our Terms of Use.

We reserve the right to refuse online service through Pecheca, namely in cases where the above requirements are not met and require formal legal service at the above address. In such an event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.

13. Transfers of Your Personal Information to Other Countries

We may share the information we collect globally, across our corporate group and with our service providers and other third parties. Transfers are necessary for a variety of reasons, including our operation and provision of the services stated in our Terms & Conditions and this Privacy Notice to fix, analyze, and improve our Website, products and services.

MediaSensu LLC is established in the United States of America and its servers are hosted with Microsoft Azure in the United States of America, in its East US and West US regions. If you use Pecheca from another country, your Personal Information is transferred to, and processed in, the United States and that region.

For EEA and UK residents: Whenever we transfer Personal Information to countries outside the EEA, the UK and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Notice, as permitted by the applicable laws and based on appropriate mechanisms.

Where applicable, we rely on decisions of the European Commission, known as “adequacy decisions,” recognizing that certain countries offer a level of protection to Personal Data that is essentially equivalent to the EEA and/or the UK.

In other situations, where transferring Personal Data to countries outside the EEA and/or the UK that do not benefit from an “adequacy decision”, we rely on standard contractual clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK, where appropriate) or on derogations provided for under the applicable law to transfer information to a third country.

For the rest of the world: Any transfer of Personal Information outside of your country of residence will be carried out in accordance with the requirements applicable in your country of residence.

For more information or to obtain a copy of our standard contractual clauses, please see the section “Contact Information” below on how to contact us.

14. Retention of Personal Information

In general, we will keep your Personal Data for as long as it is needed for the provision of our services, subject to the locally applicable statutory period of retention.

In particular, where applicable, we will only retain your Personal Information for as long as your account is active, or for as long as necessary to fulfil the purposes we processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider several factors, including what Personal Data we are processing, the risk of harm from any unauthorized disclosure, why we are processing your Personal Data and whether we can achieve this outcome by another means without having to process it.

Where we no longer need to process your Personal Information for the purposes set out in this Privacy Notice, we will delete your Personal Information from our systems.

The periods we apply on the date of this Privacy Notice are:

For more information on data retention periods, please see the section “Contact Information” below on how to contact us.

Where permissible, we will also delete your Personal Information upon your request as explained in the section “Your Rights Related to Your Personal Information” and “U.S. State Privacy Rights and Choices” sections of this Privacy Notice.

15. Third-Party Links and Sites

Pecheca may provide links to third-party websites or apps. If you click on a link to a third-party website, you will be taken to websites we do not control. This Privacy Notice does not apply to the privacy practices of these websites. Read the Privacy Notice of other websites carefully. We are not responsible for these third-party practices.

Your interactions with third-party companies and your use of their features are governed by the privacy notices of the companies that provide those features. We encourage you to carefully read the privacy notices of any accounts you create and use.

16. Changes to Our Privacy Notice

We keep our Privacy Notice under regular review. The scope is to address any new legal requirements, technical developments or add more clarifications where needed.

Although we may attempt to notify you when major changes are made to this Privacy Notice, you are expected to periodically review the most up-to-date version found at this location, so you are aware of any changes, as they are binding on you. If we change anything in our Privacy Notice, the date of change will be reflected in the “Last Modified” date mentioned after the header of this Privacy Notice.

17. Contact Information

If you have any questions about this Privacy Notice or our information-handling practices, please contact us through our contact form.

18. Security

Passwords are stored only as one-way hashes. Connections to Pecheca are encrypted. Access to Personal Data is limited to the staff who need it. No system is perfectly secure; tell us at once through our contact form if you suspect misuse of your account.