Privacy Policy

Last Update: May 6, 2021

DIRECON LLC ("us", "we", or "our") incorporated and registered in Delaware, USA, operates the https://www.direcon.com website and Direcon for Clubhouse iOS and Android apps (hereinafter collectively referred to as the "Service").

While providing our Service, we recognize the importance of your privacy and carry out our activities in line with the applicable data protection regulation including the EU General Data Protection Regulation (“GDPR”) and other relevant laws and regulations.

This Privacy Policy aims to specify how we collect, use, and disclose your personal data to provide you with the best level of our Service. By means of this Privacy Policy, we fulfil our obligation under Articles 13 and 14 GDPR to provide information on our processing activities to the relevant data subjects.

Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible fromhttps://www.direcon.com

DISCLAIMER:

In some cases (especially when we obtain the personal data not from the data subjects, e.g. from the Clubhouse platform or social networks) we are incapable to inform each data subject rather than by means of this Privacy Policy.

In that regard, we rely on Recital 62 and Article 14(5)(b), as the provision of information to the data subjects proves impossible or would involve a disproportionate effort (in particular for processing for statistical purposes). Nevertheless, we commit to implement appropriate measures to protect the data subject’s rights and freedoms and legitimate interests.

  1. Definitions
  • Service

Service is the https://www.direcon.com website and Direcon for Clubhouse iOS app operated by DIRECON LLC.

  • PersonalData

Personal Data means any information relating to an identified or identifiable natural person.

  • Data Subjects

Data Subject is the identified or identifiable person to whom personal data relates. We process personal data of two main categories of Data Subjects.

Customer(s): Individual(s) who registered with the Direcon platform or is provided with our Services

Clubhouse Users:The listeners and speakers in tracked rooms, other than the Customer who tracks that room.

  • DataController

Data Controller means the natural or legal person (either alone or jointly or in common with other persons) who determines the purposes and means of the processing of personal data.

We act as a Data Controller when we process personal data of the Customers and Clubhouse Users.

The Customers also act as a Data Controller when they process personal data of Clubhouse Users.

  • Data Processor

Data Processor means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Data Processors in order to provide better service for you.

  1. Collection of Your Personal Data

We may collect the following personal data about you:

  1. Customer
  • Full name, email, gender and other personal data that you voluntarily provide to us: We may collect such personal data from you directly when you provide us with such information, e.g. when you register with our platform, contact us, buy Services from us etc.
  • IP address, browser type, browser version, the pages of our Service that visited, the time and date of visit, the time spent on those pages, unique device identifiers and other diagnostic data: We (and third party service providers acting on our behalf) use cookies and other tools (such as web analytic tools and pixel tags) to automatically collect information about you when you use our websites and apps.
  • Usage data: We may collect your personal data about how you use our Services from our own records. Your feedbacks and any information that you voluntarily share with us about your experience of using our Services.
  • Payment information.

  1. Clubhouse Users

We collect personal data of the Clubhouse Users from the Clubhouse meetings. Such personal data are:

  • Clubhouse user id, Clubhouse username, full name, Clubhouse profile information and profile photo, Clubhouse follower and following numbers;
  • Entry and exit information in tracked Clubhouse rooms;
  • Predicted age and gender;
  • Personal interests;
  • Clubhouse Club information.

We may receive personal information about you from other legitimate sources, including information from commercially available sources, such as public databases and data aggregators, and information from third parties.

  • Email, if you publicly disclose it on your social media account;
  • The number of your followers on your social media accounts; and
  • Other publicly available information.

  1. Use of Your Personal Data

We may use your personal data for the following purposes:

  1. Customer
  • to provide and maintain our Services;
  • to fulfil our contractual obligations to you and anyone involved in the process;
  • to identify and resolve errors, problems or bugs in our Services;
  • to allow you to participate in interactive features of our Services when you choose;
  • to review your requests, suggestions and complaints regarding our Services and provide customer support;
  • to retain and evaluate information on your recent visits to our website and how you   move   around   different   sections   of   our website for   analytics   purposes   to understand how people use our website so that we can make it more intuitive;
  • to improve and personalize our Services based on your needs, requests and suggestions;
  • to contact you for marketing purposes and promote our services (including push notifications).

  1. Clubhouse User:
  • to provide our Services to the Customers by sending them statistical information on its Clubhouse rooms and audience;
  • to contact you for marketing purposes if you publicly disclose your email address on your social media account. In such case, you will always have a chance to opt out of such marketing communications (See the Section 6).

  1. Legal Basis for Processing

We rely on the following legal bases for processing your data:

  1. Customer
  • You have given consent to the processing of your personal data for one or more specific purposes,
  • Processing is necessary for the performance of our contract,
  • Processing is necessary for compliance with a legal obligation to which we are subject,
  • Processing is necessary for the purposes of our legitimate interests, provided always that such interests are not overridden by your interests or fundamental rights and freedoms which require protection of personal data.

We have a legitimate interest in improving and personalizing our Services based on your needs, requests and suggestions, retaining and evaluating information on your recent visits to our website and how you move around different sections of our website, and contacting you for marketing purposes and promote our services (Recital 47 GDPR), without affecting your fundamental rights and freedoms.

  1. Clubhouse User
  • Processing is necessary for the purposes of our legitimate interests, provided always that such interests are not overridden by your interests or fundamental rights and freedoms which require protection of personal data.

  1. Disclosure of Your Personal Data

We disclose your personal data,

  1. Customer
  • with service providers, business partners and solution partners for the purposes specified in the Section 3 (e.g., to perform our contractual obligations, to provide you with more efficient and personalized Services, to identify and resolve errors, problems or bugs in our Services, to review your requests, suggestions and complaints regarding our Services and provide customer support etc. For more information, please see the Section 12);
  • with government and regulatory authorities and other organizations to meet legal and regulatory requirements, or to protect or defend our rights or property in accordance with applicable laws.

  1. Clubhouse User
  • with the Customers for the provision of our Services to them.
  • with government and regulatory authorities and other organizations to meet legal and regulatory requirements, or to protect or defend our rights or property in accordance with applicable laws.

For the compliance with the GDPR, we ensure that our suppliers and business or solution partners whether they are located outside the EEA or not, takes appropriate technical and organizational security measures in accordance with applicable data protection laws and use it solely for the purposes specified by us.

  1. Marketing

We may occasionally communicate news, updates, promotions and information relating to our products and services. We shall only do this where you have given us your consent or otherwise where we are permitted to do so under the data protection lawsin pursuit of our legitimate interests.

We may share personal data with third parties to help us with our marketing and promotional projects or sending marketing communications.

If you want to opt out of receiving promotional and marketing emails, text messages, posts andother forms of communication from us (or our promotional partners), which you might receive in accordance with this section, you can choose one of the following ways:

  • Click “unsubscribe” at the bottom of an email we sent you; or
  • Contact us at support@direcon.com and request to opt out.

If you do opt out of receiving promotional and marketing messages, we will no longer use or transfer your personal data to third parties for direct marketing purposes. We would like to remind you that we may continue to send transactional or administrative e-mails (e.g. account status and activity updates, respond to your inquiries or complaints etc.)  related to our services or your requests for information or materials, even you opt out.

  1. Retention of Your Personal Data

We securely store your personal data in United States. We take all the necessary measures to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organisation or a country unless stated in this Privacy Policy and there are adequate controls in place including the security of your data and other personal information.

We will retain your personal data only for as long as they are necessary for the purposes set out in this Privacy Policy. If we no longer have a legal basis or a purpose for processing your personal data, we delete such personal data.

  1. Your Rights

If you are from the European Economic Area or in certain countries, you are also entitled (with some exceptions and restrictions) to:

  • Access:You have the right to request information about how we process your personal data and to obtain a copy of that personal data.
  • Rectification:You have the right to request the rectification of inaccurate personal data about you and for any incomplete personal information about you to be completed.
  • Objection:You have the right to object to the processing of your personal information, which is based on our legitimate interests.
  • Deletion:You can delete your account by using the corresponding functionality directly on the service.
  • Automated decision-making:You have the right to object a decision made about you that is based solely on automated processing if that decision produces legal or similarly significant effects concerning you.
  • Restriction:You have the right to ask us to restrict our processing of your personal data, so that we no longer process that personal data until the restriction is lifted.
  • Portability:You have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and to have that personal data transmitted to another organization in certain circumstances.
  • Complaint:You have a right to lodge a complaint with the authorized data protection authority if you have concerns about how we process your personal data. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.

You may, at any time, exercise any of the above rights, by contacting us via support@direcon.com together with a proof of your identity, i.e. a copy of your ID card, or passport, or any other valid identifying document.

In some cases, we may not be able to give you access to your personal data that we hold, if making such a disclosure would breach our legal obligations to our other customers or if prevented by any applicable law or regulation.

The Clubhouse Users also have the right to request information about the Customer who received their own personal data, and Direcon will reasonably provide you with all information about the Customer.

  1. Right to withdraw consent

If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. To withdraw your consent please contact us via support@direcon.com.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

  1. Collection of Children’s Personal Data

We do not knowingly collect personal data from children under the age of 13.  We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide us personal data without their permission. If you have any concerns about your child’s privacy with respect to our services, or if you believe that your child may have provided his/her personal data to us, please contact us via support@direcon.com. We ensure to delete such personal data from our records immediately.

DISCLAIMER:When processing open data from social networks, it might be reasonably impossible to recognize the real age of users. Our verification of the age of users is limited to technically available and reasonable treatment of the information openly provided by the social networks from which we collect the data. In case of fallacious, erroneous or missing age data, the social networks shall be solely responsible for violation of requirements of the GDPR and other data protection laws in relation to the personal data of children.

  1. Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies.We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

  1. Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may use such third-party Service Providers for the following purposes:

  1. Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service. Such third-party Service Providers:

  • help us to understand how our Customers experience our Services by tracking their movements around our Direcon platform;
  • track and monitor website traffic and use of our Services;
  • collect usage and behavioural information about our Customers and provide financial analysis to make profitable decisions that enhance our Services and business.
  1. Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

  • Stripe

Their Privacy Policy can be viewed at

https://stripe.com/us/privacy

  • PayPal / Braintree

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

  1. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

  1. Changes to This Privacy Policy

We reserve the right to update and change this Policy from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. Any changes we may make to our Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or push notification. We also recommend you check back frequently to see any updates or changes to our Policy.

  1. Contact Us

If you have any questions about this Privacy Policy, please contact us, by email: support@direcon.com