privacy policy
We are committed to protecting the privacy of the personal information you provide to us when using Mist and we value your privacy.
That's why we have created this document (the “Privacy Policy”). It applies to all Users of the Platform.

We invite you to carefully read our Privacy Policy and to contact us for any question about the collection and processing of your Personal Data at the following e-mail address:

Please note that the Privacy Policy is an integral part of the General Terms of Use and that the definitions set forth therein are applicable to this document.
1. Scope and Application
The Privacy Policy details the Personal Data collected and processed when using our Application, the purposes for which Users' Personal Data is processed, how Mist uses it, and the features offered to allow Users to access and update their Personal Data.

Personal Data is defined as any information relating to a natural person who can be identified, directly or indirectly. It is for example: the name, first name, email and postal address of a physical person, his image on a photograph or a video, an IP address, a location data, etc.
2. Acceptance and Modification of Our Privacy Policy
By accepting the Terms of Use, you confirm that you have read and accept without limitation or qualification this Privacy Policy, which forms an integral part of the ToU. In case of disagreement with one or more of its conditions, the User is free not to use or no longer to use our services(especially in case of modification of the terms of the Privacy Policy). This Privacy Policy may change from time to time, but any reduction in your rights will not be enforced without your consent. Mist will post new versions of the Privacy Policy on the Application and the landing page and will alert Users by means of a pop-up window that will appear upon opening the Application.
3. Details On The Personal Data Collected and Processed
Mist collects two different types of Data:

(i) Data that you provide to usProfile Data: This is the Data that you are required to enter when you sign in: your phone number, first or last name, date of birth, username, password, email address, profile picture.

Communications with Mist: When you report a problem with thePlatform (inappropriate content, bugs, errors), respond to a survey about the quality of our Services, request assistance, or make a request to exercise your rights, we record the information you agree to share with us or that we need to respond to your request.

(ii) Data we collect when you use our ServicesData related to your activity on Mist: this notably includes:

Connection Data: IP address, date of registration, date of your last connection;

Data about how you interact with other Users: the number of friends and invitations, comments left on Content shared by your friends, the friends with whom you interact the most;

Data about how you use our Services, including use of time of posting, number of late Mist posts, etc.

Content Data: We collect content that you create through our Services such as photos and comments. Note that Users who view your Content can always take a copy or screenshot of it. Therefore, we strongly recommend that you do not post or send to a friend any Content that you do not want to share.

Geolocation Data: For each photo, the Platform offers you the possibility to share, with your friends, your exact location or, when the photo is published publicly, an approximate location. We also offer you to locate your friends precisely on a map in relation to your position. Use of theService requires your consent to the collection of Geolocation Data.

If you do not want Mist to collect your Geolocation Data, you may refuse to give the Platform permission to access your location when you first open the application. If you wish to withdraw your consent after accepting such processing, you must change the permissions given to the application in the system settings of your phone.

Phonebook Data: With your consent, Mist may access your phone book to identify your contacts already registered on Mist or so that you can invite your friends to register on the Platform. We never access your contact list without your permission.

Device and Equipment Data: We collect information about and from the devices and equipment you use to access Mist. This includes your IP address, device type, application crashes, operating system version, language used.

Cameras and Photos: Most of our Services require that you allow us to collect Data from your phone's camera and photo library (i.e. send and upload photos). If you refuse to allow us access to your camera or photo library, you may receive photos from and contact other Users, but you will not be able to take, upload and share your own photos.
4. Details of the legal basis and purposes of the processing
Help remove harmful content off Mist.
You have a voice in this community. If you find any posts that you find objectionable, please consider flagging them. Flagged posts will automatically be sent to our team for review, and posts with a sufficient flag-to-like ratio will be deleted off our platform.
5. Conditions of use of Personal Data
Any use of Personal Data for purposes other than those set out above in our Privacy Policy will require the prior express consent of the User.

Mist undertakes to keep the Personal Data of the Users only for as long as is strictly necessary for the declared processing of the data for the above-mentioned purposes or for the exercise and establishment of its legal rights, and in any case within the limits imposed by the law.

Mist undertakes to delete the Personal Data from its databases at the end of these various periods. In case of request for deletion of your account, it will be effective within 30 (thirty) days. All of our backups are automatically deleted after 90 (ninety) days.

However, Mist may retain certain information for a period of time after the closure of the User's personal account in order to meet legal, accounting and tax obligations and, in particular, to prevent possible unlawful behavior after the deletion of a User Account (reuse of an old account by a third party). In this case, the Personal Data will be deactivated and will no longer be accessible online.
6. Sharing of Information with Third Parties
a) No disclosure of Personal Information to third parties
With the exception of Content that you have licensed to us in accordance with the Terms of Use, Mist will not disclose to third parties any information or Personal Data provided by Users. This information and Personal Data is used exclusively by Mist’s internal services and will not be transferred or sold to third parties without your prior express consent.

b) Communication of Personal Data for external processing purposes Y
our information and Personal Data may, where appropriate, be transmitted to third party contractors involved in the provision of the Services (technical and hosting providers, sending notifications, publishing and sharing content, user tracking and satisfaction surveys, management of security incidents or fraudulent activity, etc.). Mist undertakes to communicate Users' Personal Data only to authorized and trusted service providers, who process it on our behalf, according to our instructions, in accordance with this Privacy Policy and in compliance with any other appropriate security and confidentiality measures.

c) Disclosure of Personal Data outside the European Union
Processing Personal Data as described in the Privacy Policy may involve transferring your Data to one or more other countries, inside or outside the European Economic Area, including the United States. Where applicable, we use standard contractual clauses and/or other mechanisms approved by the European Commission to maintain a level of protection for your Personal Data equivalent to that guaranteed by the GDPR.

d) Disclosure for Legal and Statutory Purposes
Information and Personal Data may also be disclosed to a third party if Mist is required to do so by law, regulation, or court order, or if such disclosure is necessary for the purposes of an investigation, court order or legal proceeding, either domestically or abroad.
In addition, Mist may share information and Personal Data with third party companies, consultants or individuals in order to:
- Enforce the Privacy Policy and the General Terms of Use of the Application in force, including to ascertain any breach thereof;
- Protect against any infringement of the rights, property or safety of its users, in accordance with and in compliance with the law.
7. Security of Personal Data
Help remove harmful content off Mist.
You have a voice in this community. If you find any posts that you find objectionable, please consider flagging them. Flagged posts will automatically be sent to our team for review, and posts with a sufficient flag-to-like ratio will be deleted off our platform.
8. Respect of the rights of the Platform Users
You have certain rights regarding your Personal Data, as follows:

Right of access: it allows you to access free of charge thePersonal Data collected about you.

Right of rectification: it allows you to update or correct the accuracy of your Data. You can exercise this right directly from your account settings.

Right of deletion: it can be exercised when the processing of Personal Data is no longer necessary for the purposes for which they were collected or, if applicable, when you withdraw your consent to the processing.

Right to object to the collection and processing of all or part of your Personal Data: this right is not absolute and applies only to Personal Data collected for commercial prospecting purposes, including profiling when it is linked to commercial prospecting activities. When you choose to object to such processing we ask you to indicate the reasons for your objection so that we can balance our legitimate interests against your request.

Right to limit the processing of Personal Data. This right is not absolute, and can only be applied when:

a request for rectification has been made under the right of rectification described in 8.2. You may then request that the processing of your Personal Data be stopped for the time necessary to verify the accuracy of the requested rectification.

you wish to object to the deletion of your Personal Data whose processing was unlawful.

Mist no longer needs the Personal Data in accordance with the purposes of processing but they are still necessary for the establishment, exercise or defense of legal claims.

You wish to exercise your right to object as described in 8.4. You may then request that the processing of your Personal Data be stopped for the time necessary to balance our legitimate interests against your request.

Before we can respond to a request to exercise one or more of your rights, we may ask you to confirm some of your Account information to verify your identity. In case of reasonable doubt, we may ask you for identification.
9. Information Regarding Children
Help remove harmful content off Mist.
You have a voice in this community. If you find any posts that you find objectionable, please consider flagging them. Flagged posts will automatically be sent to our team for review, and posts with a sufficient flag-to-like ratio will be deleted off our platform.
10. Information About Users Located In the USA
This clause is only valid and legally binding if you are a party to the Mist Terms of Service. This clause regarding U.S. users, including California and Virginia residents, applies to Personal Information (as defined in applicable regulations) provided to Mist by the User.

In light of the California Consumer Privacy Protection Act of 2018 (“CCPA”), we are providing this information to you as a service provider required to process your Personal Information (as defined in the applicable law), to confirm that we have adequate contractual terms in place. The term “applicable law” refers to all laws, regulations, standards, regulatory guidance and self-regulatory guidelines that may apply in relation to the management of your Data. Applicable laws include, but are not limited to, the California Consumer Privacy Protection Act (Cal. Civ. Code §1798.100 -1798.199), or the Virginia Consumer Data Protection Act (SB 1392).

As a service provider, we will collect, hold, use, disclose and process your personal information only to fulfill our obligations to you under our agreement, for operational purposes previously stated in this Policy, to the exclusion of any other purpose.

We will not sell your personal information or disclose your personal information for commercial purposes.

We certify that we understand and comply with the restrictions and obligations set forth in Cal. Civ. Code § 1798.140(w)(2) as well as Va. SB 1392. In the event of any inconsistency or conflict between the terms and conditions of this clause and the TOS or Privacy Policy, the TOS orPrivacy Policy shall govern with respect to Data of individuals in the EuropeanEconomic Area.

If you have any questions about the CCPA or other U.S.regulations at Mist or to exercise your rights under them, you may contact us as set forth in Section 11.
11. Contact
You can exercise these rights at any time by e-mail to:

Mist undertakes to respond to your requests concerning the Privacy Policy or the exercise of your rights, as soon as possible and no later than the time limit set forth by applicable legislation.
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