Lively Privacy Policy

Effective: October 5, 2022

Lively is an iOS & Android widget app that lets you share photos with your friends right on their home screen. When you send a picture using Lively, it will magically appear on your friends' home screen, without them having to open the app. Since Lively is designed to be used with your closest friends, we care deeply about protecting your privacy and keeping your data secure.

This Privacy Policy is intended to inform you about the information we collect, how we use it, whom we share it with, your privacy rights, and the controls we give you to access, update, and delete your information. This Privacy Policy applies whether the information is collected online through the website, mobile applications, or any of the social media pages offered, owned, or operated by Lively, or its affiliates, as well as your interactions with Lively’s agents, contractors or employees.

Please read this Privacy Policy carefully, because by using Lively, you are acknowledging that you understand and agree to the terms of this Privacy Policy, and consent to the manner in which we collect, use and disclose your information. In addition, please review our Terms of Service which govern the use of Lively and any content that you sent or received using Lively. This Privacy Policy includes the following sections:

We have provided you with the links above to help you navigate to specific sections of this Privacy Policy, but we recommend you read this policy its entirety before using the Lively mobile applications, website, social media pages or interacting with our agents, contractors or employees.

1. THE INFORMATION THAT WE COLLECT

We collect the information that you provide to us.

Personal Information

When you sign-up for your account it is necessary to collect your phone number, user name, and password. If you require assistance with a app issue, we may collect your email address to resolve the issue. This data is used to identify you to other Lively users and makes it easy for your friends to find your account on the app.

Contacts Information

After signing up, Lively requests access to your phone contacts. This makes it easy to add your friends to your Lively. We will never send text messages to your friends without your explicit permission.

To invite a new user to the app, Lively gives you the option of sending them a text message with a link to install the app. We do not automatically message your friends on your behalf. Instead, you have to send the message yourself. This means you're always in control of what messages are sent to your friends.

Photos and Videos

Sending photos and videos to your friends is incredibly personal, so we work hard to keep the photos & personal information safe and secure. The information we collect will not be used for any other purpose and will not be shared with any other parties. When you send a new photo on Lively, it will be sent to your selected Lively friends. They will be able to see this photo in real-time in their Lively widget.

Contact with Lively

When you contact us directly, we will collect the information that you provide voluntarily or that we need to resolve your question.

We automatically collect information when you use our services.

We collect information from third-parties.

Lively uses third-party services that may collect information used to identify you. Third-parties may share information with us as well. We may use this information, among other ways, to help target or measure the performance of ads.

Below are links to privacy policies of the third-party service providers used by the Lively app:

In addition, we may use third-party services such as AWS for data storage, collection, monitoring, and analysis.

You recognize and agree that the analytic companies utilized by us may combine the information collected with other information they have independently collected from other services or products relating to your activities. But rest assured that the purpose of third-party sharing is solely for the purpose of ads & performance tracking, and we will not share user information with any third party.

2.HOW WE USE THE INFORMATION WE COLLECT

Lively may store, analyze, combine, and otherwise use the information we collect, either directly or indirectly, to:

3.HOW WE SHARE THE INFORMATION THAT WE COLLECT

We may share information about you in the following ways:

Affiliates

We may share your information with our affiliates, who may be located outside of the country you reside and are located in, including, but not limited to, our parent company Livehouse Limited.

Service Providers

Lively retains service providers and suppliers to manage or support its business operations, deliver services and customer solutions and to assist with marketing and communication initiatives. These providers include, for example, hosting and IT service providers, website management and support service providers, email service providers, automated data processors, and providers of marketing, and communications. We may share your information with these companies to enable them to provide you with services on our behalf, and for the purpose of conducting general business analysis. For example, we may share website usage and marketing information with our marketing partners.

Our service providers will only use your information to perform the service for which they are engaged, while also complying with all applicable laws, and pursuant to our instructions. You expressly consent to your information being used as set forth in this Section.

We may also share your personal information:

Non-personal information

We may also share aggregated, non-personally identifiable, or de-identified information with third parties that provide or perform business related services to us. Note that we may share any information that does not identify you, without restriction, unless otherwise prohibited by applicable law.

4.CHILDREN’S PRIVACY

Lively is not intended for and does not target the application to children under the age of 13. Lively will not knowingly collect personal information on anyone under the age of 13. Children under 13 are not allowed to use Lively. If you are based in the EU or EEA you may only use Lively if you are over the age at which you can provide consent to data processing under the laws of your country.

5.YOUR RIGHTS, CHOICE AND ACCESS

You have the right to request us to:

If you are a minor and have registered for an Lively account, you have the right to request that we remove any content or information, so that it is not visible to the public.

If you no longer wish to receive marketing communications from Lively, or if you wish to make any of the above requests, please contact us at:lively.widget@gmail.com.

You have choice and access rights through the following tools:

6.HOW LONG WE KEEP YOUR INFORMATION

We keep information as long as we need it to provide Lively services, comply with legal obligations or protect our or other’s interests.

7.STATE AND REGIONS SPECIFIC INFORMATION

Some regions have specific privacy rights for their residents. For example, Lively users in the United States (residents of California and other states) and Europe have specific privacy rights. Lively maintains an up-to-date overview of state and region specific disclosures here.

8.INTERNATIONAL DATA TRANSFERS

We may collect and you may provide us with information wherever you are located. The Lively servers that processes the data we collect from you are primarily located in the United States, but may be located in other jurisdictions. By using Lively, or providing us with information, you understand that the collection, processing, maintenance, transfer and storage of such information will occur in the United States and other jurisdictions where the privacy laws may be different from those in the country where you reside or are located in, and waive any claims relating to the collection, processing, maintenance, transfer or storage of data outside of such country. Whenever we share information outside of where you live, when we are legally required to do so, we make sure an adequate transfer mechanism is in place. We also make sure any third parties we share information with have an adequate transfer mechanism in place.

9.THIRD-PARTY LINKS AND INTEGRATIONS

Our services may contain third-party content and integrations. Examples include third-party integrations in Google Analytics for Firebase, Firebase Crashlytics, and Appsflyer. Through these integrations, you may be providing information to the third-party as well as to Lively. We are not responsible for how those third-parties collect or use your information. We encourage you to review the privacy policies of every third-party service that you visit or use, including those third-parties you interact with through our services.

10.SECURITY

When you submit information to Lively, you should be aware that your information is transmitted across multiple computer systems on the Internet. Although we take reasonable and appropriate steps to protect your information, no method of transmitting and storing electronic data is ever completely secure, and we do not guarantee the security of such information at any time.

11.RIGHT TO MODIFY THIS PRIVACY POLICY

Lively reserves the right to modify our Privacy Policy at any time at its sole discretion. If we modify the Privacy Policy, we will post the revised policy here, with an updated version date. Changes will be made effective immediately upon the posting of the revised Privacy Policy. Please note that if you do not agree with the modified Privacy Policy, you must discontinue using Lively. Your continued use of Lively following the posting of the updated Privacy Policy will mean that you accept those changes. You are advised to review this Privacy Policy periodically for changes.

12.HOW TO CONTACT US

Should you have any questions or concerns about this Privacy Policy, please email: lively.widget@gmail.com and include the phone number you used to register your account.

Region Specific Privacy Laws

California

If you are a California resident, you have the right, under the California Consumer Privacy Act (“CCPA”), to:

If you make a request to opt-out of sale, and then you subsequently clear cookies or opt-out of cookie-based tracking for advertising purposes on your browser, or use a different browser or device, you may have to opt-out again to make your “opt-out of sale choice” is effective. Choices you make regarding cookies are website, device, and browser specific, and are deleted whenever you clear your browser’s cache.

You can also request us to delete your personal information; however, please be aware that we may need to retain some of your information in order to maintain our records, comply with our legal obligations, resolve disputes, or enforce our agreements. It may not always be possible to completely remove or delete all of your information from our databases without some residual data remaining because of backups and other reasons.

To submit your CCPA request, please contact us at: lively.widget@gmail.com.

If you are a California resident and would like to designate an authorized agent to submit certain requests on your behalf, please send an email to the following email address: lively.widget@gmail.com . In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

If you are an agent of a California resident and would like to submit a request on behalf of a California resident, please submit the request to the following email address: lively.widget@gmail.com. After you submit the request, we will require additional information to verify the identity of the California resident, as well as your authority to act on behalf of the California resident.

Additionally, California Civil Code Section 1798.83 gives California residents the right to request, from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party, and the identities of the third parties with whom the business has shared such information during the immediately preceding year. To request a copy of the information disclosure provided by Lively pursuant to California Civil Code Section 1798.83, please contact us at the address listed below.

Nevada

Nevada residents have certain privacy rights as specified under Nevada law. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws—this notice makes sure we cover the Nevada-specific requirements.

Do Not Sell Notice

We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Policy, please contact us at: lively.widget@gmail.com.

Europe

If you are located in the European Union (“EU”), European Economic Area (“EEA”) or United Kingdom (“UK”), you have certain rights and protections under The General Data Protection Regulation (“GDPR”) regarding the processing of your personal data. GDPR is an EU law intended to strengthen and unify the data protection and data privacy regulations and rights for the benefit and protection of EU, EEA, and UK data subjects. In addition to the notice provided above, the following notice applies to EU, EEA, and UK data subjects. In the event there is a conflict between the two as it applies to EU data subjects, this section shall take precedence. For purposes of this section, the term “Personal Data” shall have the meaning given by Regulation (EU) 2016/679. Lively will be the Data Controller responsible for determining the purposes and means of processing your personal information.

If you live in the EU, EEA or UK, you have the right under GDPR to:

Note that these rights may be limited in some circumstances under applicable law. When you make a request to exercise your rights under GDPR, we may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

To submit your GDPR request and exercise any of your rights under GDPR, please contact our support team at: lively.widget@gmail.com.

In addition, if you are in the EEA and you have any complaints about how we use your personal data, you have the right to lodge a complaint with the data protection authority in your country. A list of data protection authorities can be found here.

Bases for Using Your Information

Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at Lively, we typically rely on one of four:

Contract. We might use your information is because you have entered into an agreement with us to use the Lively app.

Legitimate interest. We might use your information because we have—or a third party has—a legitimate interest in doing so. For example, we need to use your information to provide and improve our services, including protecting your account, providing customer support, and helping you find friends and content we think you will like. Please note that our legitimate interests do not outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data does not significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.

Consent. We may ask for consent to use your information for a specific purpose. If we request consent, we will make sure that you can revoke your consent through our settings.

Legal obligation. We may be required to use your personal information to comply with the law such as when we respond to valid legal proceeding inquiries or need to take action to protect our users.

Complaints or Questions

If you have any questions or concerns about the Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact our support team at: lively.widget@gmail.com.