PRIVACY POLICY

Effective Date: 08 May 2024

Last modified: [-]

The publisher and operator of the website https://enjoyx.com/ (the “Website”) is Enjoyable Tech. Ltd (the “Company” or “we” or “us” or “our”). Please refer to section “Who we are” for more information.

This Privacy Policy (the Policy) explains how we collect, process and protect your Personal Data. It further describes your rights under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (General Data Protection Regulation) (the “GDPR”).

Below you may see useful definitions of this Privacy Policy:

Aggregated Data means any information that is collected and presented in a summarized, statistical, or collective form. It is derived from the combination of Data Subject’s data, but it is designed to analyze trends, patterns, or characteristics across a group without revealing the identities of the individuals within that group. Therefore, such data is no longer linked to an identified or identifiable natural person. For that reason, such Aggregated Data is not considered as Personal Data.

Data Subject means an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Personal Data means any information relating to a Data Subject.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Sensitive Personal Data means the Personal Data specifically outlined in Article 9 of the GDPR.

“User” or “you” or “yours” refers to Visitors as well as to Members as the context shall require.

In this Privacy Policy, the use of the singular form includes the plural form, and vice versa, unless expressly stated otherwise.

1. WHO THIS PRIVACY POLICY APPLIES TO

This Privacy Policy is directed to all natural persons who are interacting with our Website and who:

1. are visitors of the Website (the “Visitors”); or
2. are registered members of the Website by creating their own account (the “Members”);

Visitors and Members must be aged eighteen (18) years and over or must have attained the age of majority in their respective jurisdiction to be able to use the Website. Users who do not meet these criteria are strictly forbidden from accessing or viewing the content of the Website. We do not knowingly seek or collect any Personal Data from natural persons who have not attained the age of eighteen (18).

We are fully committed to respecting and protecting your privacy and handling your Personal Data in an open and transparent manner. Your privacy and security are both our highest priorities, and we make every effort to ensure that all the information provided by you to us is protected. To achieve this, we follow and comply with best practices and regulations in the sphere of privacy including, but not limited to the GDPR. The personal data that we collect and process about you will vary depending on how you use the Website.

2. WHO WE ARE

1. The Personal Data on the Website is collected, controlled and processed by
   Enjoyable Tech LTD
   Reg. number: HE 446535
   Louki Akrita 1, AKRITAS COURT, 301
   3030, Limassol, Cyprus
   
2. If you have any questions, comments and/or requests regarding this Privacy Policy or wish to obtain more details in relation to the Personal Data we process about you, please contact us by sending an email to support@enjoyx.com.

3. PERSONAL DATA WHICH WE MAY PROCESS

Depending on your status and your level of interaction with our Website, we may collect and process different categories of Personal Data about you. We will limit the collection and processing of Personal Data to information necessary to achieve one or more of our legitimate purposes and interests as identified in this Privacy Policy.

3. Personal Data we collect and process from Visitors:

1. Technical information, which we may collect through automated means. Through your use of the Website, we monitor and collect tracking information related to usage such as IP (Internet Protocol) address, language preference, country, information about hiding of banners, the “remember me” function during the authorization, information that helps us not to provide you repeated data, information about viewing of posters on our Website, analytics information, access date, time and location, browser plug-in types and versions, mobile phone network information, device identification, information that helps us to receive payment from you, operating system, browser type and version. This information may be directly obtained by the Company or through third party service providers;
2. Consents, including any permissions, consents or preferences that you give to the Website.
3. Usage Data, including your communication preferences and information about how you use our Website, including the services you viewed or searched for, page response times, download errors, length and number of visits and page interaction information (such as scrolling, clicks and mouse-overs) as well as the links you clicked on or used. To learn more about our use of cookies or similar technology, please check our cookie policy, that you can find on our Website;
4. In case you decide to share with us some other Personal Data, we may collect and process it as well.

4. Personal Data we collect and process from Members:

1. All Personal Data that we collect from Visitors as outlined in sub-section 3.1. above;
2. Identity and contact data, including your email address, username and password;
3. Personal Data that you can add to your account such as your favorite content, subscription status;
4. Marketing Data, including preferences in receiving marketing from us and third-parties;
5. Technical data such as the information about the current session of the Member; and
6. Communications, including communication provided by you in the comment section and information on how and what methods we use in order to communicate with you through electronic and verbal correspondence.

5. We do not store or otherwise process your financial information directly. Your payment transactions are processed by third-party service providers responsible for processing or facilitating any payments. When you enter your information during the payment of subscription fees, you grant your consent to these third-party service providers to process your Personal Data in order to complete the payment. The Company is not responsible for the activities of any third party or the content of any third-party website, including a third party’s use of cookies or any other information (such as IP address, browser type or operating system) collected when you make payment. It is your responsibility to review the terms and conditions of membership on third-party sites.
6. We may also process Aggregated Data, such as statistical or demographic data, for the purpose of customizing our marketing efforts or the use of our Website.

4. SENSITIVE PERSONAL DATA

1. If you are a Member, we may process Sensitive Personal Data in relation to your ethnic origin or your sexual orientation, provided that we have first obtained your explicit consent to do so. We will never request that you disclose your sexual orientation to us, however, we may infer such information from your use of the Website.

5. USER SUBMISSIONS

1. We may provide areas on our Website where you can submit or post information about yourself and others and communicate with others, upload content (e.g., pictures, videos, audio files, etc.), and post comments or reviews of content found on the Website. Such submissions and or postings are governed by our Terms and Conditions.
2. Our Website allows Members to write comments under the video content, and these comments are visible exclusively to other members. By posting comments, you acknowledge and agree that the comments are intended for member-to-member interaction, and you consent to the visibility of your comments to other Members. Please note that all comments are subject to our policies, and any violations may result in appropriate actions, including the removal of comments or suspension of your account.
3. If you use a forum, blog, user commenting features, community or other interactive sharing or social features that may be offered through our Website, you should be aware that any Personal Data you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction, except to the extent limited access features are available, if any.
4. In addition, such submissions and or postings may appear on other websites or when searches are executed on the subject of your posting. If you submit and or post your email address, you may receive unsolicited messages. We cannot control who reads your submission and or posting or what other users may do with the information you voluntarily submit and or post, so we encourage you to exercise discretion and caution with respect to your personal information.
5. Once you have submitted and or posted information, you may not be able to edit or delete such information. To request removal of your Personal Data which you have posted or submitted in the manner stated above, send us an e-mail at support@enjoyx.com. In some cases, we may not be able to remove such information, in which case we will let you know if we are unable to do so and why.

6. WAYS OF PROCESSING YOUR PERSONAL DATA & FAILURE TO PROVIDE PERSONAL DATA

1. As a general rule, we collect your Personal Data through any information you provide directly to us via our Website. However, we also use other indirect methods to collect your Personal Data while you use our Website. Below is a list of ways we collect your Personal Data:

1. when you visit and/or use our Website;
2. when you complete the registration steps in order to create an account;
3. you also provide Personal Data indirectly when you navigate the Website, as some specific Personal Data about you is automatically observed and collected;
4. when you contact us via the Website, email, comments or otherwise.

2. Where we need to collect and process your Personal Data in order to provide you with our services and you fail to provide that data when requested, we may not be able to provide you with access to our Website and/or the services we offer. In this case, we may have to suspend your access to the Website or, if you are a Member, prohibit any access to non-public areas of the Website or restrict the operation of your account and the services we provide to you.

7. PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

1. Legal Basis for Processing

1. Provision of services: We may process your Personal Data to provide you with the services, functionality and security necessary for the operation of the Website. This includes fulfilling requests you make through the Website, ensuring security of our services, and complying with the GDPR, this Privacy Policy, our terms and condition and any other contractual agreements:
2. Legitimate interests: We may process Personal Data based on our legitimate interests or those of a third party, provided that your interests and fundamental rights do not override these interests. This includes activities such as analytics, improving our services, and ensuring the overall effectiveness of the Website.
3. Legal or regulatory obligation: We may process Personal Data when it is necessary to comply with a legal or regulatory obligations. This may include data processing required by law enforcement, tax authorities, or other regulatory bodies or competent authorities.
4. Consent-based Processing: In specific circumstances, we may process Personal Data based on your explicit consent. We will seek your consent before processing your data for purposes beyond what is necessary for the provision of our services.

Please find below a more detailed breakdown of the purposes for which may we may process your Personal Data:

2. Performance of our services to you

1. Provision of services

We may collect and process your Personal Data as necessary to present our Website, its contents and its figures to you. This includes interactive elements on our Website, and the delivery of information or services that you request from us. Please be aware that if you choose not to provide the requested information, we may be unable to continue operating your account and providing you with our services.

2. Customer management (Members Only)

For our Members, we may use identifiers, contact information and other types of Personal Data to manage your account effectively. This includes providing customer support and sending you notices related to your account, such as expiration and renewal notices. We may also inform you about changes to our Website, products or services.

3. Legitimate interests

1. Customization of content (Members Only)

We may collect and process your Personal Data to perform research and analysis about your use or interest in our Website content and services. This enables us to develop and display content and advertising tailored to your preferences on our Website.

2. Analytics
   We may collect and process your Personal Data or other information to determine whether User uniqueness, monitor aggregate metrics, and analyze demographic patterns. This helps us understand User behavior and improve our services.
3. Functionality and security

We may collect and process your Personal Data to diagnose or fix technology problems as well as to detect, prevent and respond to actual or potential fraud, illegal activities, or intellectual property infringement.

4. Other legitimate interest

In addition to the above, we may process your Personal Data to:

• develop new services on our Website and analyze and target new markets;
• protect our legal rights and interests, including preparing our defense in litigation;
• monitor, maintain and improve internal business processes, information and data, technology and communication solutions and services
• ensure network information security, including monitoring Visitors' and Members’ access to our information technology for the purpose of preventing cyber-attacks and unauthorized use of Website and for preventing and/or detecting crime
• send you relevant marketing information, if you are a Member, including details of other services provided by us which we believe they might be of interest to you
•  monitor the performance and effectiveness of our services and the Website;
• assess the quality of our customer services.

1. For compliance with legal obligations

We may process your Personal Data to comply with our legal and regulatory obligations, including performing fraud checks, identifying infringements of out Terms and Conditions, and managing contentious regulatory matters, investigations and litigation.

2. You have provided your consent
   We will seek your consent before providing marketing information related to our services that we believe may be of interest to you. ^[a]You retain the right to revoke your consent at any time. However, any processing of Personal Data prior to the receipt of your revocation will remain unaffected. For more details on how we handle marketing information, please refer to the following section.

8. MARKETING INFORMATION

1. We may process your Personal Data to keep you informed about existing and/or future services that may be of interest to you. This includes sending you periodic announcements with details on existing and/or new services and/or programs.
2. You have the right to object at any time to the processing of your Personal Data for marketing purposes.
3. We can only use your Personal Data to promote our services to you if we have your explicit consent to do so, or in certain cases such, when it is in our legitimate interest to do so. For example, if you are a Member of our Website, if we consider that it is in our legitimate interest to do so. You may also occasionally receive marketing communications from our affiliates, provided you have given your explicit consent for such communications.
4. Even if you inform us that you no longer wish to receive marketing material, you will still receive from us system notices and other information specifically related to your account from time to time.

9. PERSONAL DATA RETENTION

1. We will retain your Personal Data only for the duration necessary to fulfill the purposes outlined in this Privacy Policy. This includes retention of Personal Data to comply with our obligations, resolve disputes and enforce agreements. In cases of complaints or when there is a reasonably belief in the prospect of litigation concerning our relationship with you, we may retain your Personal Data for an extended period.
2. To determine the appropriate retention period for Personal Data, we consider factors such as the quantity, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure, the purposes of processing, the feasibility of achieving  those purposes through alternative means and compliance with applicable legal requirements.
3. When the need to process your Personal Data for purposes outlined in this Privacy Policy, ceases, we will permanently delete your Personal Data from our systems. However, if we are unable to delete it due to legal, regulatory or technical reasons, we may retain your Personal Data for an extended period. In such cases, we ensure that your privacy is protected and that your Personal Data is solely processed for the specified purposes.
4. For any questions or concerns about our data retention practices, please contact us electronically by sending us an email to support@enjoyx.com.

10. DISCLOSURE AND SHARING OF YOUR PERSONAL DATA

1. In certain situations, we may be required to disclose Personal Data in response to lawful requests by competent authorities, including those related to national security, public interests or law enforcement requirements.
2. We may disclose your Personal Data when required by law (e.g., in response to a subpoena, warrant, court order, or legal process served on the Company). Additionally, disclosure may occur when we believe it is necessary to

1. satisfy any applicable law, regulation, legal process, or governmental request;
2. enforce applicable terms and conditions of use, including the investigation of potential violations;
3. detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues;
4. protect against harm to the rights, property or safety of our Company, our Users, our employees, or others;
5. maintain and protect the security and integrity of our Website or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, at our sole discretion.

3. We may disclose any of the categories of Personal Data to members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) for the purposes outlined in this Privacy Policy and to enable you to access certain features.
4. We may disclose all the categories of Personal Data to a buyer or other legal successor in the event of a merger, acquisition, sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or a similar proceeding, in which Personal Data held by us about our Website Members and Visitors is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to ensure that the entity to which we transfer your Personal Data uses it in an manner that is consistent with this Privacy Policy.
5. We may share Personal Data with our authorized service providers that perform specific services on our behalf on a need-to-know basis. These services may include fulfilling orders, processing credit card payments, risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website functionality, and supporting contests, surveys and other features offered through our Website. These service providers may have access to Personal Data needed to perform their functions but are not permitted to share or use such information for any other purposes. Any service provider with which we may share Personal Data is required to protect the data in a manner consistent with this Privacy Policy and to limit the use of such Personal Data to the performance of services for the Company.
6. You agree that we may share and transfer your Personal Data that no longer identifies you to third parties (anonymization). These third parties are typically our service providers or advertising partners. This information does not contain any Personal Data and may be used to develop content and services that we hope you and other users will find of interest.
7. Please note that we have never sold and will never sell your Personal Data to third parties.

11. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES

1. Whenever we transfer Personal Data to countries outside the European Economic Area and other regions with comprehensive data protection laws, we ensure that the transfer complies with this Privacy Policy. Such transfers are conducted in accordance with the GDPR, ensuring a similar degree of protection for the shared Personal Data within the European Economic Area.
2. In rare occasions, we may transfer your Personal Data to a party outside the EEA where we have obtained your prior explicit consent to do so or when such transfer is necessary for the provision of our services to you.

12. YOUR RIGHTS RELATED TO YOUR PERSONAL DATA

1. In accordance with the GDPR, you have the following rights related to your Personal Data:

1. The right to access and amend the Personal Data we hold about you. You have a right to request a copy of the Personal Data we hold about you.
2. The right to correct or update your Personal Data at any time.
3. The right to delete your Personal Data. In accordance with the "Right to be forgotten", we leave the opportunity to erase Personal Data about you. If you do not want to use Website or want your data to be erased, you can request us to erase your Personal Data permanently. In this case, the Company will cancel your account (if you are a Member) and delete your Personal Data subject to erasure, if this is not prohibited by the Company’s retention policy or any  applicable laws.

Grace period: You have a 14-day grace period during which you can reconsider your decision or restore your account if it was deleted accidentally. After the expiration of the grace period, your account will be deleted, and/or Personal Data will be erased permanently.

4. The right to restrict processing. You have the right to ask us to restrict the processing of your Personal Data. When processing is restricted, we can still store your information, but will not use it further. This enables you to ask us to restrict the processing of your Personal Data if:
   - it is not accurate; or
   - it has been used unlawfully but you do not want us to delete it; or
   - it is not relevant any more, but you want us to keep it for use in possible legal claims; or
   - you have already asked us to stop using your Personal Data but you are waiting for us to confirm if we have legitimate grounds to use your Personal Data.
5. The right to object to the processing of your Personal Data. You have a right to object to our use of your Personal Data for our own purpose at any time. You can withdraw your consent to process your Personal Data. In case you wish to exercise this right, you may contact us. This right also includes the right to object to processing your Personal Data for marketing and advertising purposes. You can do it by clicking on the special button (an unsubscribe button^[b]) or by contacting us and opting out from receiving all e-mails. If you exercise your right to object, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedom or for the establishment, exercise and defense of legal claims.
6. The right to data portability. You have the right to receive the Personal Data you provide to us, in a "commonly used machine-readable format". This allows you to obtain and reuse your information for your own purposes across different services.
7. The right to lodge a complaint with a Supervisory Authority. We take privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Data, you may contact our respective Data Protection Officer at support@enjoyx.com. We will investigate your complaint promptly and will reply to you within 30 (thirty) calendar days. If you do not receive acknowledgment of your complaint or your complaint is not satisfactorily addressed, you have the right to lodge a complaint at any time to Cyprus supervisory authority, the Office of the Commissioner for Personal Data. https://www.dataprotection.gov.cy/dataprotection/dataprotection.nsf/page1i_gr/page1i_gr?opendocument
   We would appreciate the chance to deal with your concerns and address your queries before you approach the supervisory authority.

2. In case you want to exercise your rights, please contact us at support@enjoyx.com .
3. Please note that some requests to delete certain Personal Data may require the deletion of your entire account as a Member, as the provision of Member accounts is inextricably linked to the use of certain Personal Data (e.g. your email address). Also note that it is possible that we require additional information from you in order to verify your authorization to make the request and to honor your request.
4. There are several exceptions to the above-mentioned rights:

1. Disclosure Restrictions: Access to Personal Data may be denied in certain situations, such as when providing the information would reveal Personal Data about another Data Subject.
2. Legal Constraints: We may be legally prevented from disclosing certain information, limiting our ability to fulfill certain requests.
3. Personal Data Necessity: Some Personal Data is crucial for maintaining the Company or is required by law. In such cases, we may retain this Personal Data for the necessary period, even if you withdraw your consent or cancel your account. This information is not subject to erasure.

13. POLICY TOWARDS MINORS

1. Age restriction: Our Website is intended for individuals who are 18 years old or above, or above the applicable age of majority in the jurisdiction from where such individuals access and use our Website.
2. No collection of minor’s Personal Data: We do not knowingly solicit or collect Personal Data from individuals under the age specified in sub-section 13.1 or knowingly allow such persons to access or use our Website.
3. Registration by minors: If you are under the age specified in sub-section 13.1, please refrain from attempting to register on our Website or provide us with any information about yourself.
4. Personal Data collection oversight: In the event that we discover that we have unintentionally collected Personal Data from a minor, we will promptly delete such Personal Data permanently from our records.
5. Reporting concerns: If you believe that your child has provided us with Personal Data or if you suspect that we might have any Personal Data from or about a minor, please contact us at support@enjoyx.com.
6. Account Suspension: We will take all necessary steps to remove and permanently delete from our records any Personal Data provided to us about a minor and promptly suspend any account created by a minor.

14. THIRD-PARTY LINKS

1. Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
2. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements or representations about their accuracy, content or thoroughness. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

15. SECURITY MEASURES

1. The Company is committed to safeguarding your Personal Data with the same diligence as we protect our own confidential information and network. We do not sell, trade, or rent your Personal Data. It is crucial never to disclose your account password to unauthorized parties to prevent unauthorized access to your Personal Data.
2. We take appropriate security measures (including physical, electronic and procedural measures) to protect your Personal Data from unauthorized access and disclosure. Authorized employees are the only individuals permitted to access your Personal Data, and only for approved business functions. In addition, we utilize encryption in the transmission of your Personal Data between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your Personal Data. While these measures significantly enhance security, we cannot guarantee that they will prevent users from attempting to circumvent privacy or security setting on the Website through unforeseen and/or illegal activities. As a result, we provide no warranty, express, implied or otherwise, that such access will be prevented.
3. You are responsible for maintaining the secrecy of your unique password and account information at all times. We are not accountable and/or responsible for circumventions of any privacy settings or security measures contained on the Website.

16. CONTACT US

If you have any questions about this Privacy Policy or our information-handling practices, please contact us electronically at support@enjoyx.com.

17. CALIFORNIA CONSUMER PRIVACY ACT NOTICE

1. As of January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) grants certain rights to California residents (the “Consumer(s)”) with respect to their Personal Data, as defined under the CCPA. In addition to the rights outlined in this Privacy Policy and subject to exceptions under CCPA, Consumers have the right to:

1. opt-out of the sale of their Personal Data, should we engage in such sales;
2. be informed of specific information regarding the collection and use of their Personal Data;
3. request the deletion of Personal Data collected from them;
4. appoint an agent to exercise their CCPA rights, provided that a duly executed notarized power of attorney is presented. The appointed agent must have sufficient information for identity verification and locating the Consumer’s information in our systems;
5. not be subjected to discrimination for the exercise of their CCPA rights. We will not deny California residents the use of our service or provide a different level or quality or services for the exercise of any of their CCPA rights, unless permitted under the CCPA.

2. The Company does not sell, nor has it sold in the past 12 months, Personal Data to third parties for monetary or other valuable considerations. However, we may disclose certain Personal Data to third parties, service providers and entities within our corporate group to enable them to perform specific services on our behalf and ensure the proper functioning of the Website.
3. If the CCPA is applicable to you and you wish to exclude Personal Data from such sharing arrangements and opt-out of any potential future sale of your Personal Data, please send us an email at support@enjoyx.com.

18. LAW AND HARM

Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your Personal Data if we believe it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our Users’ rights or property. This Privacy does not intend to limit any legal defenses or objections you may have to a government’s request for disclosure of your Personal Data.

19. NO ERROR FREE PERFORMANCE

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

20. CHANGES TO POLICY

This Policy may be amended at our full discretion without prior notice. We encourage you to periodically review it in order to be aware of any changes. It is your responsibility to read it carefully and check for modifications. By using the Website, you accept and agree to this Privacy Policy and the Terms and Conditions.

21. COOKIES POLICY

1. As briefly mentioned in this Privacy Policy, our Website uses small files known as cookies to enhance functionality and improve your experience.
2. To find out more about how we use cookies, please see our cookie policy available on our Website.