Privacy Policy

Last Updated: October 2, 2023

Introduction

Age Smart Lda. is the owner and operator of www.agesmart.eu and all affiliated websites and mobile versions (“AgeSmart” or we, us, our, ours, etc.). We respect your privacy and are committed to protecting it through this Privacy Policy (the “Policy”). This Policy describes the types of personal information we may collect from you, the user, (you, your, yours, etc.) or that you may provide to us when you use the Services and our Tools, as well as our practices for collecting, using, keeping, protecting, and disclosing your personal information. All capitalized terms within this Policy have the same definitions as used in our Terms of Use.

Please read this Policy carefully to understand our practices regarding your personal information and how we will treat it. If you do not agree with this Policy, your sole choice is to leave AgeSmart. By accessing or using AgeSmart, you agree to this Policy and consent to our collection, use, disclosure, retention, and protection of your information as described in this Policy.

We reserve the right to revise, amend, or modify this Policy at any time and in any manner. We will consider your continued use of AgeSmart after we make changes to this Policy as your acceptance of the changes, so you must periodically revisit this Policy and check the “Last Updated” date above. If changed, this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

1. How old do you have to be to use the Services?

We prohibit anyone under the age of eighteen (18) from accessing AgeSmart or using the Services. We do not knowingly market to or collect or solicit any information from or about anyone under the age of eighteen (18). If you are under the age of eighteen (18), you must not submit information to us and must immediately leave AgeSmart. If we learn that we have collected information from or about a person under the age of eighteen (18), we will delete that information as quickly as possible. If you believe that we might have such information, please contact us at support[at]agesmart[dot]ch.

2. What types of information do we collect about you?

We may collect several types of “personal information” from and about users of AgeSmart, including any information that personally identifies you or that could be reasonably linked to you or your household, including your name; alias; username or other unique personal identifier, password, and security questions and answers; postal, billing, and shipping address; email address; IP address and other Internet network activity information such as browsing history, search history, and online interactions; geolocation data; telephone number; driver’s license, passport, or other identification card number; credit card or banking information; order history; biometric information; audio, visual, or similar information. Primarily, this information is collected from you when you submit End User Data to aid in the verification of your age. However, this Policy does not apply to personal information that has been de-identified or that is otherwise publicly available.

We, or our contractors, may collect, store, and/or maintain biometric information including face geometry from any content or verification documents you provide to us or upload to AgeSmart, for the purposes of age verification and/or content moderation.

3. How do we collect your personal information?

We collect your personal information directly from you when you provide it to us, such as through:

• The account registration process;
• The age verification process;
• Your profile information;
• Your purchases and other financial transactions;
• Your search queries;
• Your linked Platforms and social media accounts;
• Your responses to any surveys we ask you to complete;
• Your other communications and interactions with us, whether by contact form, phone, mail, email, text, video chat, or other means, including on Platform or third-party social media websites; and
• Our technologies, including our servers, log files, cookies, pixel tags, and analytics services.

We also collect your personal information automatically from your computer device or mobile phone and through cookies, web beacons, and other tracking technologies.

This Policy does not apply to information collected by us offline or through any other means, or by any third party that is linked to or accessible through AgeSmart.

4. Do third parties collect my personal information on AgeSmart?

Please be aware that we do not operate, control, or endorse third-party websites that may be linked on AgeSmart, nor are we responsible for the content or privacy practices of third-party websites. We disclaim any responsibility for your personal information on third-party websites, including our Clients’ websites, and we do not make any warranties or representations that any third-party website, including the Platforms of our Clients, will function without error or interruption, that defects will be corrected, or that any third-party websites or their servers are free of viruses or other problems that may harm your computer. We encourage you to be aware when you leave AgeSmart and to read the privacy policies of any third-party website that collects your personal information.

5. How do we use your personal information?

We may use your personal information:

• To provide you with access to AgeSmart and use of the Services, including to verify your age;
• To speed up the Services, such as by automatically updating your account information;
• To recognize you when you return to the Services;
• To personalize the Services according to your preferences and individual interests;
• To notify you about changes to the Services and our policies;
• To carry out our obligations and enforce our rights arising from any contracts between you and us, including this Policy and our Terms of Use;
• To monitor and analyze traffic and usage trends related to the Services;
• To verify the integrity and security of the Services;
• To improve the Services and provide customer service;
• To investigate and prevent unauthorized or prohibited uses of the Services;
• For marketing or advertising purposes; and
• For any other purpose with your consent.
6. Do we share your personal information with third parties?

We share your End User Data with our subcontractors who provide additional age verification services, including BlueCheck.me. We also share your End User Data and an approval or disapproval notification with any Client whose Platform you attempt to access with the aid of our Services. Clients may access End User Data for a period of five (5) years from your last activity. We reserve the right to respond to Client requests for End User Data in our sole and absolute discretion.

We may share publicly available information and de-identified information with third parties without restriction. However, we may only disclose your personal information to:

• Our subsidiaries, affiliates, contractors, service providers, and other third parties as necessary to provide the Services to you;
• Potential buyers or other successors in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets including bankruptcy, liquidation, or similar proceeding;
• Law enforcement authorities, government agencies, and private litigants, such as in response to lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable requests of authorities or persons with the reasonable power to obtain such process;
• Any other party as necessary to identify, contact, or bring legal action against someone who may be violating our policies;
• Any other party to comply with a legal or tax obligation or to protect our legitimate interests;
• Any other party as necessary to protect the rights, property, or safety of us, our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction; and
• Any other party with your consent.
7. What choices do you have over your personal information?

We also strive to provide you with choices about the personal information that we collect from you automatically. You may refuse to accept cookies by activating the appropriate setting on your browser. To learn how you can manage your other cookies, visit https://www.allaboutcookies.org/manage-cookies/. However, if you select this setting, you may be unable to access certain parts of AgeSmart. Unless you have adjusted your browser setting so that it will refuse cookies, we will issue cookies when you access AgeSmart.

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your browser history collected over time and across websites or online services. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit https://www.allaboutdnt.com.

We do not control third parties’ collection or use of your personal information to serve interestbased advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

8. How long do we retain your personal information?

Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information for five (5) years from your last date of activity, and we will automatically delete all personal information after five (5) years of inactivity. We reserve the right to respond to earlier requests for deletion of personal information in our sole and absolute discretion, and we reserve the right to retain publicly available information and de-identified information for any legitimate business purpose without further notice to you or your consent.

9. Is my personal information secure?

We are committed to data security, and we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, you understand and agree that the transmission of your personal information over the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through AgeSmart. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used by AgeSmart.

10. U.S. State Privacy Rights
• Your California Privacy Rights: We do not meet the triggers of California Civil Code §1798.83, because we do not disclose personal information to third parties for direct marketing purposes. We do not meet the triggers of the California Consumer Privacy Act, in part because we do not sell your personal information.
• Nevada: We do not meet the triggers of Nevada Revised Statute Chapter 603A. While we do not sell your personal information, Nevada residents may submit an opt-out request to support[at]agesmart[dot]ch which we will honor if we sell your personal information at a future date.
• Virginia: We do not meet the triggers of Virginia’s Consumer Data Protection Act.
• Colorado: We do not meet the triggers of the Colorado Privacy Act.
• Connecticut: We do not meet the triggers of the Connecticut Data Privacy Act.
• Utah: We do not meet the triggers of the Utah Consumer Privacy Act.
11. International Users

This Policy is intended to cover collection of personal information within our home jurisdiction. Some countries may require stricter privacy policies than those described in this Policy. If you are accessing AgeSmart from a foreign country, you understand and agree that your personal information may be transferred to, stored, and processed in our home jurisdiction or the jurisdiction of the third parties described herein, and that the data protection and other laws of our home jurisdiction or the jurisdiction of such third parties might not be as comprehensive as those in your country.

12. No Third-Party Rights

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.

© Age Smart LDA. (2023). All rights reserved.