Privacy Notice
Last Modified: August 5th, 2024
Introduction
Aylo Freesites Ltd (hereinafter “we”, “us” or “our”) operates the website https://www.thumbzilla.com/ (hereinafter “Thumbzilla”) and is the controller of the information collected or provided via Thumbzilla.
Please read this Privacy Notice carefully, as your access to and use of Thumbzilla signifies that you have read and understand all terms within this Privacy Notice. We respect your privacy and are committed to protecting your personal data.
If you have any questions about our privacy practices, please see the section “Contact Information” below for information on how to contact us.
Scope
For the purposes of this Privacy Notice, “process”, “processed” or “processing” means any operation or set of operations performed on personal data or on sets of personal data (excluding disclosure thereof), whether by automated means, including one or several of the following operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure, or destruction. Information on disclosure of personal data or of sets of personal data may be found in the “Disclosure of Your Personal Information” section below.
This Privacy Notice applies to information we process:
on Thumbzilla; and
on your communications with Thumbzilla via email, online support chats, phoneline support or otherwise;
The Data We Collect About You
We may process different kinds of personal data about you:
Contact Data: We will only process your email address or any other information which you voluntarily provide to us at your direction for a specific function, namely, to participate in a contest or survey.
Online Forms and Communication Data: We process Contact Data and other information that you submit through online forms provided on Thumbzilla or information send to us via email, online support chats or such as information provided in the context of support requests or any other inquiries, the content reporting and moderation of content, and our internal complaint handling system.
Website activity data: We process information about how you use Thumbzilla, products and services and interact with content and advertisements, including the pages you visit and search history on Thumbzilla, and the referring web page from which you arrived on Thumbzilla from. We process browser and operating system information, devices you use to access Thumbzilla and your time zone setting. We also process online identifiers. Specifically, we process internet protocol (IP) address information and we set cookies as explained below in the section on Cookies and Automatic Data Processing Technologies.
Identifiers: Some users may be asked to provide identifiers (including government-issued photo identification as well as other documentation) to verify that they are over the age of majority required to have access to Thumbzilla and to view its contents. In such cases, this information is processed by trusted third party age verification service providers. This Privacy Notice does not apply to the privacy practices of these third-party age verification service providers. Read the privacy terms and conditions of these third party service providers carefully.
We may process your data to produce and share aggregated insights that do not directly or indirectly identify you and are not associated with you. Such aggregate information is not personal information.
Thumbzilla prohibits minors from using the platform. Thumbzilla is forbidden for persons under the age of 18 years old and the applicable age of majority in the jurisdiction from which Thumbzilla is accessed. As indicated throughout this Privacy Notice, some users may be asked to provide some information to us and our service providers for us to make sure that you are over the age of majority required to have access to the Thumbzilla. We do not knowingly process personal information from minors. If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us at support@thumbzilla.com to have that minor’s personal information deleted.
The Sources from Which We Collect Personal Information
We process personal information in the following ways:
Directly from you: We process the categories of information listed above directly from you.
Automated technologies or interactions: As explained in the section below on Cookies and Automatic Data Processing Technologies, we set cookies and other automatic techniques to process website activity data when you visit Thumbzilla.
Purposes for Which We Use Your Personal Information
We process personal information for the purposes described below.
Provision of services: We process identifiers, website activity data to present Thumbzilla and its contents to you, including any interactive features on Thumbzilla, to provide you with information and products or services that you request from us, to verify your eligibility and deliver prizes in connection with contests and sweepstakes.
Customization of content: We process identifiers and website activity data to analyze your use of, or interest in the content, products, or services, to display content and advertising tailored to your interests on Thumbzilla.
Communications and handling of requests: We process Online Forms and Communications Data and other information as necessary to respond to and resolve any of your requests, including where this is required to ensure compliance with our legal obligations.
Analytics: We process identifiers and website activity data to determine whether users of Thumbzilla are unique, or whether the same user is using Thumbzilla on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns.
Functionality and security: We may process any of the categories of data we process to diagnose or fix technology problems, to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.
Platform Safety: To promote safety and security on Thumbzilla. We use the information we collect to help protect Thumbzilla users from harm and provide safe, secure product.
Compliance: We may process any of the categories of data we process to enforce, this Privacy Notice, our terms and conditions and to comply with any legal obligations, namely but not limited to responding to your data subject requests, verify the age of some users having access to Thumbzilla, to respond to content reports, and to comply with applicable content moderation and complaint handling obligations.
Our Legal Bases Under Canadian and European Union (EU) Privacy Law
To the extent required by applicable law, we rely on several lawful bases to use your data in these ways. This means we process your personal data only where:
You provide your consent to do so for a specific purpose: for example, when you allow us to show you personalized ads or to send you e-mail marketing. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal.
It is necessary to perform our contractual obligations as per our Terms of Service on Thumbzilla.
It is necessary to comply with legal obligations: for example, we may be required to collect, use, or disclose your information in connection with civil, criminal, corporate, taxation, regulatory matters, or litigation.
It satisfies a legitimate interest which is not overridden by your data protection interests: for example, to keep Thumbzilla safe and secure from fraud and illegal activities.
It is used to protect your or others’ vital interests: for example, in case of emergency or to prevent a crime or fraud.
It is used for tasks carried out in the public interest: for example, to combat unlawful behaviour where it is in the public interest to do so and where the public interest is laid down by applicable law.
Depending on the circumstances, we may rely on different legal bases when processing your same information for different purposes. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), the legal bases on which we rely may differ from those listed above.
Disclosure of Your Personal Information
We disclose your personal information when necessary to perform the services or for other purposes set out in this Privacy Notice. When we disclose your personal information, we usually rely on the performance of our contract with you as per our Terms of Service, our legal obligation to do so, our legitimate interest (e.g., operating Thumbzilla), so long as it doesn’t outweigh your interests or your consent, except when expressly stated otherwise below in the paragraph “To comply with the law or protect our rights or the rights of third parties”. Disclosure of your personal information may also involve transfers of your personal information outside the EEA. To the extent that we need to transfer personal information outside the EEA, we will do so according to the section “Transfers of Your Personal Information to Other Countries” or when necessary for the performance of the services and obligations under the present Terms of Service. The parties to whom we may disclose your personal information include:
Third party service providers and/or employees: To provide our services to you, our employees and/or contractors may receive access to your personal data only on a need-to-know basis. Such employees and third-party service providers abide by confidentiality obligations.
Our corporate group: We may disclose any of the categories of personal information that we collect to members of our corporate group, to the extent this is necessary for the purposes described in this Privacy Notice and generally to operate our business, which includes: customer support, facilitate business development, provide IT, technical and engineering support. You acknowledge that in some cases, members of our corporate group might be established or operate outside the EEA.
Service providers: We disclose certain categories of personal information to third party service providers to assist us or perform certain services on our behalf. These third party service providers may have access or use your information only to perform these tasks on our behalf, such as risk and fraud detection and mitigation, customer service, advertising, analytics, security, hosting or supporting Thumbzilla functionality. These service providers may have limited access to personal information needed to perform their functions but are not permitted to process such information for any other purposes. Where required under applicable laws, we have entered into data processing agreements with such service providers to ensure that personal information is only processed securely within our instructions. You can view the list of our third-party service providers acting as our processors here.
Legal successors: We may disclose all categories of personal information we process to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Such transactions may be in our legitimate interest, particularly our interest in making decisions that enable our business to develop.
To comply with the law or protect our rights or the rights of third parties: We access, preserve and share personal information with regulators, public authorities, law enforcement, government agencies, out-of-court dispute settlement bodies or others where we reasonably believe such disclosure is needed to:
comply with applicable laws, regulations, court orders, government or public authority requests;
enforce applicable Terms of Service, including prevention of potential violations thereof;
detect, prevent, or otherwise address illegal or suspected illegal activities, security, or technical issues;
protect against harm to the rights, property or safety of our company, our users, our employees, or others; or
to maintain and protect the security and integrity of Thumbzilla or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose your information to third parties for the above purposes when necessary to comply with legal obligations, perform a task in the public interest (where the public interest is laid down by applicable law), or under our legitimate interests and the interests of the public, including as part of investigations or regulatory enquiries to detect, investigate and prosecute illegal activity.
Cookies and Automatic Data Collection Technologies
As you navigate through and interact with Thumbzilla, we may use automatic data collection technologies to collect website activity data. The technologies we use for this automatic data collection include cookies and other similar technologies. Cookies are small text files that are stored in your web browser or downloaded to your device when you visit Thumbzilla. For more information on how we use cookies, please refer to our Cookie Notice, available here.
Your Choices About How We Collect, Use and Disclose Your Personal Information
We strive to provide you with choices regarding the personal information you provide to us.
You can choose not to provide us with certain personal information, but that may result in you being unable to participate in a contest, promotion, survey, or sweepstakes, communicate with our support teams or initiate other activities on Thumbzilla.
The Cookie Banner can be utilized to customize your cookie preferences. The Cookie Banner will record when you have consented to our cookies. Your Cookie Banner selection will be kept only for the specific session. The Cookie Banner specifically controls the functionality, analytics, and advertising cookies set by using Thumbzilla. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third party websites linked from our website. You can access the Cookie Banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of Thumbzilla.
Where we provide personalized services, we may analyze the information you supply, as well as your activity on Thumbzilla so that we can offer a more relevant, tailored service. For instance, we could use your videos you watched to provide personalized content recommendations or ads. If you do not want to receive these services, you can switch off the recommendations toggle on the “recommended” page or via the bar at the left of our page. For more information on how we use recommendations, please click here.
California Rights and Choices
As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights that we state under this Privacy Notice, and subject to the exceptions found under the CCPA, Consumers have the right to:
• Opt-out of the sale of their personal information, should we sell their personal information;
• Be informed of certain information concerning our collection and use of their personal information;
• Request that we delete certain personal information we collected from them;
• Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;
• Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.
Thumbzilla does not sell, nor has it sold in the past twelve (12) months personal information to third parties for monetary or other valuable consideration. We may however disclose certain personal information with third parties, service providers and entities within our corporate group to enable them to perform certain services on our behalf, and namely to make Thumbzilla function properly, as further described in the section above titled Disclosure of Your Personal Information.
We respect California residents’ right to exclude personal information from such sharing arrangements and grant them the option to opt-out of any future sale of their personal information. If the CCPA is applicable to you and you would like to exercise your rights, please use the buttons at the bottom of this page or email us at support@thumbzilla.com with the email subject line “CCPA Request”.
In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: any information which we may reasonably request in order for us to verify your identity.
You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.
Resident’s Rights – Jurisdictions in the United States, Where Applicable
We do not sell, trade, or exchange your personal information with anyone for money.
Notice to Law Enforcement
The following information serves as a guideline for law enforcement officials seeking disclosure of records. You may serve us a valid court order, subpoena, search warrant or equivalent legal or official administrative document by respecting the following conditions:
The document(s) is uploaded, and all required fields have been filed out adequately on our platform for Legal Service Process located at: https://legalservice.aylo.com/legal/datarequest;
The document(s) you are serving is correctly issued to Aylo Freesites Ltd by a valid court of law or equivalent legal or administrative authority to us;
The document(s) is also sent by mail at the following address: 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540.
We reserve the right to refuse online service through Thumbzilla, namely in cases where the above requirements are not met and require formal legal service at the above address. In such an event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.
Transfers of Your Personal Information to Other Countries
We may share the information we collect globally, across our corporate group and with our service providers and other third parties. Transfers are necessary for a variety of reasons, including our operation and provision of the services stated in our Terms of Service and this Privacy Notice to fix, analyse, and improve our website, products and services. Whenever we transfer personal information to countries outside the EEA and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Notice, as permitted by the applicable laws and based on appropriate mechanisms.
Where applicable, we rely on decisions of the European Commission, known as “adequacy decisions,” recognising that certain countries offer a level of protection of personal data that is essentially equivalent to the EEA.
In other situations, we rely on standard contractual clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK, where appropriate) or on derogations provided for under the applicable law to transfer information to a third country.
For more information or to obtain a copy of our standard contractual clauses, please see the section “Contact Information” below on how to contact us.
Retention of Personal Information
We will only retain your personal information for as long as your account is active, or for as long as necessary to fulfil the purposes we processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider several factors, including what personal data we are processing, the risk of harm from any unauthorized disclosure, why we are processing your personal data and whether we can achieve this outcome by another means without having to process it.
Where we no longer need to process your personal information for the purposes set out in this Privacy Notice, we will delete it from our systems.
For more information on data retention periods, please see the section “Contact Information” below on how to contact us.
Where permissible, we will also delete your personal information upon your request as explained above in the section “Your Rights Related to Your Personal Information”.
Third-Party Links and Sites
If you click on a link to a third-party website, you will be taken to websites we do not control. This Privacy Notice does not apply to the privacy practices of these websites. Read the Privacy Notice of other websites carefully. We are not responsible for these third-party practices.
Changes to Our Privacy Notice
We may modify or revise our Privacy Notice from time to time. We may attempt to notify you of any material changes as required by law. Please also periodically review the most up-to-date version of our Privacy Notice, which will be posted at this location, so you are aware of any changes, the date of change will be reflected in the “last modified date” mention.
Contact Information
If you have any questions about this Privacy Notice or our information-handling practices, please contact us at support@thumbzilla.com.
You may also contact us at 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540, Phone: +357 22662 320, Fax: +357 22343 282.
Our Data Protection Officer can be contacted at the following email address: dpo@thumbzilla.com.
Your Rights Related to Your Personal Information
Subject to local law and applicable legal requirements and exemptions, you have certain rights regarding your personal data:
Right of access: you have the right to receive information on the personal data we hold about you and how such personal data is used, as well as a copy of your personal data;
Right to rectification: you have the right to rectify inaccurate personal data concerning you;
Right to be forgotten: you have the right to delete/erase your personal data;
Right to data portability: you have the right to receive the personal data provided by you in a structured, commonly used, and machine-readable format and to transmit this personal data to another data controller;
Right to object: you have the right to object to the use of your personal data where such use is based on our legitimate interests or on public interests;
Right to restriction of processing: you have the right in some cases, to restrict our use of your personal data; and
Right to file a complaint: If you are in the EEA or the UK, you also have a right to file a complaint with your local data protection authority.
If we ask for your consent to process your personal data, you have the right to withdraw your consent at any time with effect for the future. Note that, in that case, you may no longer able to use several functionalities on Thumbzilla or access Thumbzilla in some cases.
You can exercise your rights by sending us an e-mail at support@thumbzilla.com. Please note that we have one month to respond to your request.
Prior to processing an access or deletion request of your data, we will need to verify your identity and ensure your right to access or delete the information. This is an appropriate and reasonable security measure to ensure that personal data is not disclosed to any person who has no right to receive it or deleted in an unauthorized way.
Please note that in some cases, we may not have sufficient information to identify you and therefore may not be able to satisfy your request. Additionally, in some cases, to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.