Last modified: March 26, 2021
Please read this policy carefully to understand our policies and practices regarding your information and how We will treat it.
If you do not agree with our policies and practices, PLEASE do not use our Site.
Your continued use of this Site after We make changes is deemed to be
acceptance of those changes, so please check the policy periodically for updates.
(“General Data Protection Regulation”).
1. INTRODUCTION. IVA Holding GmbH, a company organized in the Federal Republic of Germany (“Cutieville,” “Company,” “We” or “Us”) respects your privacy and We are committed to protecting it through our compliance with this policy.
This policy describes the types of information We may collect from you or that you may provide when you visit www.Cutieville.com and such other related sites and mobile applications as CUTIEVILLE may create (collectively, the “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
The Site provides parents and legal guardians the opportunity to submit photos of their children so others can enjoy the cuteness of their children and so all users can vote for their favorites so that the winner of each periodic contest can win cash and other prizes.
Capitalized terms not defined herein are defined in our Terms and Conditions.
This policy applies to information We collect:
- On the Site.
- In email, text, and other electronic messages between you and this Site.
It does not apply to information collected by:
- us offline or through any other means; or
- any third party (including any of our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site. We encourage you to be aware when leaving the Site and to read the privacy statements of any other site or application that collects personally identifiable information.
2. CHILDREN. Our Site features photos of children; but YOU MUST BE 18 YEARS OF AGE OR OLDER TO REGISTER AS A USER OF THE SITE OR TO SUBMIT PHOTOS OF CHILDREN.
We do not require or request the collection of any personal information from ANYONE UNDER THE AGE OF 18. We do require certain personal information from the parent or guardian to confirm the relationship of the child to the parent or guardian (collectively,, a “Parent”) who is submitting the Photo(s). At no time is any such information disclosed publicly or privately by Us, except as expressly provided below.
The GDPR requires us to inform parents or legal guardians about how we collect, use, and disclose personal information from children under the age of 16 in some member countries of the European Union.
We comply with the Children’s Online Privacy Protection Rule (“COPPA”) and, in the European Union, the General Data Protection Regulation (GDPR).
Any parent of a child whose Photo is entered into a Contest can view, edit or delete any information of such child, or prohibit the further collection or use of information about such child by emailing [email protected] with the parent’s and the child’s name and address, written evidence of the relationship reasonably satisfactory to Us and the requested action. Notwithstanding the foregoing, a court of law or appropriate law enforcement agency may, even after direction of a parent to terminate collection and use of a child’s information, have access to the child’s Information.
3. INFORMATION WE COLLECT AND HOW WE COLLECT IT.
We collect different types of information from and about users of our Site, including information:
- by which you (unless you are a minor) may be personally identified, such as name, birthdate (including for the purpose of validating a child’s age), postal address, e-mail address or telephone number, parent or legal guardian’s email address and other contact information, bank or other account (for receiving payments) or credit card information (collectively, “personal information”);
- that is about you but does not identify you individually; and/or
- about your internet connection, the equipment or device you use to access our Site and usage details.
(a) Information You Provide to Us. The information We collect on or through our Site may include:
- Information that you provide by filling in forms on our Site. This includes information provided at the time of, for example, registration or making any inquiries or requests to us.
- Records and copies of your correspondence (including email addresses) such as support requests, if you contact us.
- Your responses to surveys that We might ask you to complete for research purposes.
- Details of payments you make through our Site.
(b) Information and Persistent Identifiers We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Site, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and
- information about your computer and internet connection, including your IP address, operating system, and browser type.
The information We collect automatically may include personal information which We may maintain or associate with personal information We collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
- estimate our audience size and usage patterns; and
- recognize you when you return to our Site.
The technologies We use for this automatic data collection may include:
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section titled Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
4a. HOW WE USE THE INFORMATION YOU PROVIDE IN YOUR REGISTRATION AND PROFILE Our employees have limited access to the information you provide in your registration and profile, as you may amend it from time to time. Our employees may access that information only for the purpose of assisting you to edit or delete that information, as well as for assisting you in the use of our Site.
4b. HOW WE USE THE INFORMATION COLLECTED OTHER THAN THAT PROVIDED IN YOUR REGISTRATION AND PROFILE We use information We collect about you or that you provide to us, including any personal information:
- to present our Site and its contents to you;
- to provide you with information, products, or services that you request from us;
- to fulfill any other purpose for which you provide such information;
- to provide you with notices about your account;
- to carry out our obligations and enforce our rights arising from any use of our Site, including for billing, collection and payment;
- to notify you about changes to our Site or any products or services We offer or provide through it;
- to prevent fraud;
- for testing, research, analysis and product development, which enables us to improve and enhance the safety and security of our services, develop new features and products;
- to improve the Site and any products, We may provide third parties with statistical information We gather from your information;
- in any other way We may describe when you provide the information; and
- for any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, notify us at [email protected]. For more information, see the section titled Choices About How We Use and Disclose Your Information.
We may use the information We have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though We do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
5. DISCLOSURE OF YOUR INFORMATION.
While We do not disclose credit card information or any information relating to a minor that you provide in any way other than as described herein, we plan to sell certain information to third-parties who may have goods and services that may be of interest to you to enable them to provide information to you concerning such goods and services.
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may convey or transfer your encrypted personal information (none of whom have access to the encrypted information):
- to our subsidiaries and affiliates;
- to contractors, service providers and other third parties We use or work with to support our business;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site’s users is among the assets transferred;
- to fulfill the purpose for which you provide such information;
- for any other purpose disclosed by us when you provide the information; and
- with your consent.
We may disclose your personal information:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- to enforce or apply our terms and conditions and other agreements, including for billing, collection and payment purposes; and
- if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of CUTIEVILLE or others including you, which may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from Us. If you do not wish to receive promotional offers from Us or for third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If We have sent you a promotional email, you may send us a return email asking to be excluded from future email distributions. This opt-out feature does not apply to information provided to the Company in connection with your registration, a service experience or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
7. ACCESSING AND CORRECTING YOUR INFORMATION.
- You are the only person who can edit, delete or authorize the editing or deletion of your or your child’s Information. If you choose to disclose your or your child’s information, that is solely your choice.
- You can review and change your personal information by notifying Us at [email protected].
8. DATA SECURITY. We employ measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
No data transmissions over the Internet, cell-phone connections or Wi-Fi can be guaranteed to be 100% secure. Although We do our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Once We receive your information, We take reasonable measures to secure it on our systems.
If We learn of a security breach, We may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that We can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice on the Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances.
9. DATA RETENTION & PROCESSING. We will keep your information for as long as We need it to make the Site available to you; and We may store, use and/or transmit information in locations around the world, including those outside your country. Even if you delete your account, We will keep this information and any data collected regarding all activities in which you have already engaged pursuant to your use of the Site for a period of time as we deem appropriate but no longer than as allowed by applicable law.
13. YOUR CALIFORNIA PRIVACY RIGHTS. Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights regarding our collection, use and sharing of personal information. We do not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale, as required by law. We do not offer financial incentives associated with our collection, use or disclosure of your personal information.
We collect various categories of personal information when you use the Site that may include but not be limited to identifiers, commercial information and internet or other electronic network or device activity information. A more detailed description of the information we collect and how we use it is provided above in Section 3. Sections 4 and 5 describe the categories of third parties, if any, with whom we share personal information and what information may be shared under different circumstances.
If you are a resident of California, you have the right to request to know what personal information has been collected about you and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow us to retain and use certain personal information notwithstanding your deletion request. You may also send your request by email to [email protected] or through regular mail to Bahnhofstr. 1-3, 33102 Paderborn. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
Separate from the CCPA, California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
14. Your Rights Under the GDPR. When using our Site and submitting personal information to us, you may have certain rights under the GDPR if you reside or are in any of the countries of the European Union. Depending on the legal basis for processing your personal information you may have some or all of the following rights:
- The Right to Be Informed – You have the right to be informed about the personal information that we collect from you and how we process them.
- The Right of Access – You have the right to get confirmation that your personal information are being processed and you have the ability to access your personal information.
- The Right to Rectification – You have the right to have your personal information corrected if they are inaccurate or incomplete.
- The Right to Erasure (Right to Be Forgotten) – You have the right to request the removal or deletion of your personal information if there is no compelling reason for us to continue processing them.
- The Right to Restrict Processing – You have the right to ‘block’ or restrict the processing of your personal information. When your personal information are restricted, we are permitted to store your data, but not to process them further.
- The Right to Data Portability – You have the right to request your personal information that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request. Contact us by email to [email protected] or through regular mail to Bahnhofstr. 1-3, 33102 Paderborn to request your personal information.
- The Right to Object – You have the right to object to us processing your personal information for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for purposes of scientific/historical research and statistics
- Rights in relation to automated decision-making and profiling.
- Automated Individual Decision-Making and Profiling – You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
- Filing a Complaint with Authorities – You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection
- Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.