Privacy Policy

Last updated November 3, 2021.

Privacy Notice for California Residents

The Lex mobile application (the “App”) and website (the “Site” and collectively with the App, the “Services”) are provided by Personal Best, Inc. (“Personals”). We respect your privacy and have designed the Services with your privacy in mind. This Privacy Policy (the “Policy”) describes how we collect, use, and disclose personal information and what choices you have with respect to the information when you use our mobile application.
 
We may update or amend this Policy in our sole discretion. If we make material changes to this Policy, post the changes on this page and indicate at the top of this page the date the policy was last revised. We will also notify you of any material changes either through a pop-up notice, email or through other reasonable means. Continued use of the Services after any such changes to the Policy have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Policy, which is available in the Services. When we change this Policy, we will modify the “Last Updated” date above.

INFORMATION WE COLLECT AND HOW WE COLLECT INFORMATION

We receive or collect various personal data when you install and use the Services. This Policy sets out what personal data we may collect, how we process and protect that data and the lawful grounds for that processing. In most cases, the lawful ground will be that the processing: (i) is necessary for our legitimate interests in carrying out our business, including to grow and improve the Services, provided those interests are not outweighed by your rights and interests (“Legitimate Interests”), (ii) is necessary to perform a contract with you (“Contract”), or (iii) we have a legal obligation to carry out the processing (“Legal Obligation”). Where processing is based on your consent (“Consent”), we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent.

Account Credentials
To use the App, you must create an account. When you create an account, we require you to provide your mobile phone number or your Instagram handle. Once you create an account, we require you to provide your first name, email address, and preferred pronoun(s), as well as to select a username and password. You can also choose to link your App account with your Instagram account. You may also have the option to upload an image to your App account, and may need to allow the App to access the camera and/or photo album on the your phone to do so. Any image you upload will be visible to other users of the App, and as such must comply with this Policy and our Terms of Use.
 
Your Location
When you create an account, we require you to share your location with us through the App. We use your location to determine your distance from other users and to help you find personals and missed connections in your area. We collect this information automatically by collecting your Internet Protocol address and your Unique Device ID.
 
Your Posts
If you post a personal or missed connection, we will display it in the App for 30 days. Do not post any personal data that you do not want other users to see. Posts expire after 30 days. Once a post expires, it will not be shown to other users of the App. You can view your expired posts in your profile, and you can choose to delete expired posts from your profile.
 
Your Messages
When you send a message to other users of the App, we may retain the message as necessary under applicable law. Messages may contain personal data.
 
Customer Support
You may provide us with information related to your use of the App. For example, you may send us an email with information relating to the performance of the App or other issues.
 
Device and Connection Information
When you install, access, or use the App, we collect information about your mobile device, such as hardware model, operating system information, IP address, mobile network information, and device identifiers. We collect device location information if you use our location features and for diagnostic and troubleshooting purposes such as if you are having trouble with the App’s location features.

Cookies
Cookies are small text files that are stored on a user’s computer which collect and store information. We use cookies to keep you logged in to the App and to identify usage behavior to improve our services. For more information, please see the Cookies Information section below.
 
Usage Logs
We collect service-related, diagnostic, and performance information. This may include information about your use of the App, log files, performance logs, and diagnostic reports.

HOW WE USE INFORMATION
 
We use personal data that we collect in the following ways:

  • We use your username and/or Instagram handle identify you as a user in the App.
  • To provide, update, support, and improve the Services
  • To communicate with you. If you contact us, we may use your contact information to respond. We may also contact you to inform you about changes in the Services, our product offerings, and important Services-related notices, such as security and fraud notices.
  • If you provide your location, we use it to identify your area in the App and to find personals and missed connections in your area.
  • To investigate and help prevent security issues and abuse.
  • As otherwise required by applicable law or legal process. 

We may use information that is aggregated or de-identified so that it is no longer reasonably associated with an identifiable natural person for any legitimate business purpose.

SHARING INFORMATION WITH THIRD PARTIES
 
We contract with certain third-party service providers in order to operate and provide features through the Services. We may also allow third parties to place and read their own cookies, web beacons, and other technologies to collect information through the Services and those service providers may need access to your information, including personal data, to perform fulfillment and other services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.
 
The information collected and stored by third parties remains subject to their policies and practices. We do not control these third parties’ tracking technologies or how they may be used.

You can find information about these service providers’ privacy policies and practices at the following URLs: 

Service Provider Privacy Policy
Google Analytics and Google Cloud Platform 
https://policies.google.com/privacy
Amplitude  https://amplitude.com/privacy
Algolia
https://www.algolia.com/policies/privacy
Apps Flyer  https://www.appsflyer.com/legal/privacy-policy/
Send in Blue  https://www.sendinblue.com/legal/privacypolicy/
Instabug https://instabug.com/privacy

We may share your information when legally required to do so, at the request of governmental authorities conducting an investigation or by applicable law, rule or regulation, to verify or enforce compliance with our terms of service and any other policies governing the Services, or to protect against misuse or unauthorized use of the Services. 

We also may disclose information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of our users or other third parties. In the event of a merger, consolidation, or other corporate reorganization in which we participate or a sale of all or substantially all of our stock and/or assets, we may transfer your personal data to the successor entity or purchaser.
 
LINKS TO THIRD-PARTY CONTENT
 
We may provide links to websites, software, or services owned or operated by third parties (“Third-Party Content”). We are providing these links to you as a convenience, and we do not verify, make any representations, or take any responsibility for such Third-Party Content, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided therein. The Third-Party Content is subject to the Policy of the third party. Your dealings and communications through the Services with any party other than us are solely between you and such third party.
 
We encourage you to be aware when you leave the Services to read the privacy policy of each and every website that collects personally identifiable information. This Policy applies solely to information collected by us.

DO NOT TRACK SIGNALS

Third parties may keep track of your browsing activities across third party websites. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know we respond to “Do Not Track” browser signals. Certain web browsers enable users to activate a “Do Not Track” signal but we do not currently respond to the “Do Not Track” signal or other similar mechanisms.

ACCESSING AND CORRECTING YOUR INFORMATION

If you wish to access, update, correct or delete any personal data in our possession that you have previously submitted via the App, you may log into your account and make updates. If you wish to make changes not available through your account settings, please contact us at support@thisislex.app.

EEA AND U.K. DATA SUBJECTS

The General Data Protection Regulation (EU) 2016/679 or "GDPR" gives certain rights to individuals in the European Union (“EU”), the European Economic Area member states (“EEA”), and Switzerland, in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of Access - the right to be informed of and request access to the personal data we process about you;
  • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to Erasure - the right to request that we delete your personal data;
  • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to Object:
    • The right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
    • The right to object to your personal data being processed for direct marketing purposes;
  • Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

If you wish to exercise any of the above rights, please submit a GDPR Request Form.

EEA individuals also have the right to lodge a complaint with a supervisory authority in the EEA Country where they reside or work, or where the alleged infringement of the GDPR took place. You can find information about your data protection regulator here. Swiss individuals also have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner. For complaints from EEA data subjects or Swiss individuals that cannot be resolved with us directly, we will cooperate with EEA and Swiss authorities and will implement the advice they provide with respect to such unresolved complaints.

COOKIE INFORMATION

“Cookies” are small text files placed on your device or browser when you visit a website or otherwise interact with an online service. Cookies collect and store information, which is sent back to our servers or those of third parties. To learn more about cookies, please visit www.allaboutcookies.org.

First and third-party cookies
We utilize first and third-party cookies. First-party cookies are cookies placed on your device directly by us (e.g., to better understand your use of the Site).

Session and persistent cookies
All cookies have an expiration date. There are session cookies and persistent cookies. We use session cookies for many reasons, including to learn more about your use of the Site during a single browsing session so we can continue to ensure the services are effective and efficient. We may use persistent cookies to help expedite your use of the Site and for performance evaluation purposes.

We may use cookies to: collect data on your interaction with the Site; conduct essential functions of the Site; and integrate with third-parties. 

To manage your cookies on the Site:

EEA, UK, and California Users
If you are an EEA or UK user, you may opt-out of the information sharing controls at any time here.

Browser Configurations
Most web browsers accept cookies automatically. You also may be able to configure your browser settings to use the Site without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. To learn about how to manage cookies on popular browsers, please visit: Apple Safari, Google Chrome, Microsoft Edge, Microsoft Internet Explorer, Mozilla Firefox, Brave, DuckDuckGo.

Device Identifiers
You may also be able to reset device identifiers through settings on your mobile device. The procedure for managing device identifiers(e.g., IDFA) is different for each device. You can check the specific steps in the help or settings menu of your particular device.

INTERNATIONAL TRANSMISSION OF INFORMATION
 
The internet is a global environment. Your information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction through cross-border data transfers (e.g., to the United States of America and other jurisdictions). By using the Services and/or communicating electronically with us, you acknowledge and agree to our processing of your information in this manner, and agree to be bound by all applicable privacy laws. We use reasonable safeguards to permit data transfers to these other jurisdictions and may implement standard contractual clauses, where required, with other companies, binding them to protect the privacy and security of your data. 

SECURITY

We use a variety of physical, electronic, and procedural safeguards to protect your personal data. However, no method of electronic storage or method of transmission over the internet or phone lines is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee the protection of any information against unauthorized access, disclosure, alteration, or destruction, or that any information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Consequently, when you transmit your personal data to us, you do so at your own risk.
 
If you create an account via the App, your account information will be password-protected. It is important for you to protect against unauthorized access to your username and password, as well as to your smartphone or other mobile device. We request that you not communicate any confidential or sensitive information to us through email, social media, or any other means.
 
If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal data to us, you agree that we can communicate with you electronically regarding security and privacy issues related to the Services. We will endeavor to provide notice to you of any security systems breach and efforts to restore the integrity of the Services in accordance with applicable law. If you become aware of any breach of data security or have any other questions about the security of the Services, please contact us at support@thisislex.app.
 
The security of personal data also depends in part on the security of the smartphone or mobile device you use to communicate with us, the security you use to protect usernames and passwords, and the security provided by your internet service provider or mobile carrier. We are not responsible for the security of your internet service provider or mobile carrier.

NOTICE TO CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to support@thisislex.app.

CHILDREN’S PRIVACY
 
The Services are intended only for users 18 years of age or older (or 21 years of age or older in places where 18 is not the age of majority). We do not knowingly collect personally identifiable information from anyone under the age of majority. If we learn that a minor has provided personal data, we will comply with the Children’s Online Privacy and Protection Act (“COPPA”) to delete the information.

GOVERNING LAW
 
This Policy is governed by the laws of the State of New York, without giving effect to any choice of law provision or rule. Any dispute arising in connection with this Policy must be filed in the state or federal courts located in New York.
 
QUESTIONS OR CONCERNS
 
For questions or concerns about this Policy, please email us at support@thisislex.app.

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