make your own website


Privacy Policy & Data Protection

Last updated: June 2019

Welcome to Koomby (the “Platform”). The Platform is provided and controlled by Photika Network SAS. registered in France under RCS Nº 847 512 134 (“Photika”,“Koomby”,“we” or “us”). We are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By accessing or using our website, services, applications, products and content (that include but are not limited to the Platform) (collectively, the “Services”), you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it. If you do not agree with this policy in general or any part of it, you should not use our Services. Capitalized terms that are not defined in this policy have the meaning given to them in the Terms of Service.

Our contact details are:

Photika Network SAS. 
16 Avenue des Frenes 
77144 Montevrain
Phone: +33 970 742 857 

Our representative in the EU is Maxime VIAL.

If you have any questions about how we use your personal data or about data protection in general please contact

What information do we collect about you?

We process information when you create an account, and use the Platform, such as your contact details, content you create, your location, and credit card details. We also collect information you share with us from third party social network providers, and technical and behavioural information about your use of the Platform. We also collect information contained in the messages you send through our Platform, and information from your phone book if you allow us access to your phone book on your mobile device.

How will we use the information about you?

We use your information to fulfil and enforce our service contract with you, to improve and administer the Platform and allow you to use its functionalities. We also use your information to, among other things, show you suggestions, promote the Platform, serve you targeted advertising.

Who do we share your information with?

We share your data with our third party service providers we rely on to help you provide you with the Platform. These providers include cloud storage providers, and other IT service providers. We also share your information with business partners who would like to offer you promotions, advertisers, and analytics providers. We may also share your information with law enforcement agencies, public authorities or government bodies as required by law.

Your Rights

You may have rights in relation to your information.

How long do we keep hold of your information?

We retain your information for as long as it is necessary to fulfil (1) our contractual obligations and rights in relation to the information involved, (2) our legal obligation(s) under applicable law(s) and regulations to retain data for a certain period of time, taking into account statute of limitations under applicable law(s); (3) our legitimate business purposes; (4) and to conduct a defence in relation to disputes or potential disputes.

How will we notify you of any changes?

We will generally notify all users of any material changes to this policy, through a notice on our Platform. However, you should look at this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Services.

1. The types of personal data we use
We may collect and use the following information about you:

Information you give us. You give us information about you when you register for and/or use the Platform, including your name, age, gender, address, email address, social media login details, telephone number and financial and credit card information, and your photograph as well as your language selection. In addition, this category will include your customer profile, the comments you make on our Platform (including any Virtual Items you contribute to any user-generated content), account and billing details, including but not limited to, your Apple, Google or Windows account, PayPal or other third-party payment channel account where required for the purpose of paying or withdrawing cash. It also includes user-generated content, photographs and video content that you choose to broadcast on our Platform. You are also able to register using your user credentials from certain social media sites. This information also allows us or other users to find you on the Platform.

Information you choose to share from your social networks. If you choose to link your social network or public forum account (e.g. Facebook, Twitter, Instagram, Google) to the Platform, you will provide us or allow your social network to provide us with information from your social network or public forum accounts, including your contact list. This data will include information relating to your use of the Platform on such public forums and/or social networks. For further information as to how and for what purpose the social network provider processes your data, please see the relevant privacy policies of these social network providers, and their notification when you connect to the social network in question.

Technical Information we collect about you. We automatically collect certain information from you when you use the Platform, including your IP address, or other unique device identifiers, your browsing history (including the content you have viewed in the Platform), Cookies (as defined below), your mobile carrier, time zone setting, mobile or device information including the model of your device, your screen resolution, operating system and platform and information regarding your use of the Platform.

Behavioural information we collect about you: We also collect information regarding your use of the Services, e.g. your comments on our Platform or any other user-generated content and video content that you generate through and broadcast on our Platform. In addition, we link your contact or subscriber information with your activity on our Platform across all your devices using your email or social media log-in details. We collect engagement scores (“likes”, comments, repeated views) and related users based on your behaviour. Finally, we collect opt-ins and communication preferences.

Location data. When you use the Platform on a mobile device, we may collect information about your location. With your permission, we may collect Global Positioning System (GPS) data and mobile device location information.If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device.
Information from third parties. We will receive information about you from third parties if you use any of the other websites we operate or other services we provide . We will also receive information from third parties (such as advertising networks and analytics providers) and from other sources, including business directories and other commercially or publicly available sources.

Find other users and invite your friends. You can choose whether to find other users of the Platform either through (i) your phone contacts or (ii) Facebook contacts. If you chose to find other users through your phone contacts, we will access and collect your phone contacts, including the names, phone numbers, addresses and any other information that you have stored on your phone about your contacts in order to determine if they are using the Platform by matching them with existing users of the Platform. If you want to find other users through your Facebook contacts, we will collect your public Facebook information as well as names and profiles of your Facebook contacts. You can also choose to invite selected recipients to join our Platform by sending them an e-mail with your profile, including you profile information.

We collect and process (which includes scanning and analysing) information you provide, including any personal data, in the context of composing, sending, or receiving messages (that means the content as well as information about when the message has been sent, received and/or read and the participants of the communication) through our Service's messaging functionality. We do this to prevent potential crimes. Please be aware that messages sent to other users of our Service will be accessible by those other users and that we are not responsible for the manner in which those users use or disclose messages.
Metadata. When you upload a video to the Platform (“User Content”), you automatically upload certain metadata that is connected to the User Content. In essence, metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In connection with your video the metadata can describe how, when and by whom the piece of User Content was collected and how that content is formatted. It further includes personal data such as your account name that enables other user to trace back the video to your user account. Metadata will further consist of additional personal data that you chose to provide with the video, e.g. any hashtags used to mark keywords to the video or comments.
Buy coins. 

You might choose to buy coin packs via in-app purchases. You can use these coins to buy virtual gifts and send them to support other users during live broadcasts or in their channels. When you chose to buy coins you will be transferred to your app store on your mobile device to complete the purchase. In connection with this purchase, we will collect personal data from you. Furthermore, if you purchase any gift points in accordance with the Gift Point Policy using your Apple iTunes or Google Play account, we process the confirmation of the payment and credit your account.

2. Cookies
We use cookies and other similar technologies (e.g. pixels etc.) (“Cookies”) to enhance your experience using the Platform. Cookies are used to indirectly collect information, including personal data, from you. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality.

3. How we use your personal data
We will use the information we collect about you in the following ways:

In accordance with, and to perform our contract with you, we will use your information to:
personalise the content you receive and provide you with tailored content that will be of interest to you;
notify you about changes to our service;
provide you with user support;
enforce our terms, conditions and policies;
to provide you with your profile information to send to anyone you choose and to enable you to participate on the Platform and interact with other users;
to make your information available to other users in accordance with the privacy settings you chose for the respective information;
to enable our messenger service to function (although this information is only processed if you choose to use this function) and you can choose to delete any information in this regard on your discretion via the clear cache function within the Platform’s settings;
to help us detect abuse, fraud and illegal activity on the Platform;
receive payments from you and/or make payments to you in accordance with the Diamond and Flame provisions set out in the  under the or under a separate Premium Content Creator Agreement, if applicable; or
communicate with you.

As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of our products and organisation, we will use your information to:
Improve and develop the Platform and to ensure content from the Platform is presented in the most effective manner for you and your device and conduct product development;
administer the Platform (i.e. to improve our Website and services to you) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes (i.e. to guarantee the website’s stability and security) and to solicit your feedback;
allow you to participate in interactive features of the Platform, when you choose to do so;
keep the Platform safe and secure;
to provide you with services based on the country settings you have chosen, such as advertising and other content that is related to the country settings;
to allow other users to identify you via the "Find other friends" function as a user of the Service as well as your phone contacts to find other users and to connect you on the Platform and support the socializing function of the Services;
to promote the Services and use information that you give to us, such as User Content and video content that you can choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform; and
to ensure that you are old enough to use our Services (as required by law).

If you choose to share your precise location with us, we will also use your data to provide you with location based services, such as advertising and other personalised content and where you have chosen to receive personalised adverts from us and/or our partners, our legal basis is consent.

4. How we share your personal data
We will share your personal data and other information with the following selected third parties:

our business partners so that we can make you special offers via the Platform;
advertisers and advertising networks that require the data to select and serve adverts to you and others;
cloud storage providers to store the information you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;
IT service providers who we use to for a range of services including IT support;
Analytics and search engine providers that assist us in the optimisation and improvement of the Platform; and
our data centre and the servers of our host providers

We will also share your information with any member, subsidiary, parent or affiliate of our corporate group, only for the purposes set out above, to assist in the improvement and optimisation of the Platform, in order to prevent illegal uses, increase user numbers, development, engineering and analysis of information or for our internal business purposes (How we use your personal data).

Where we transfer your personal data to countries outside the EEA, we do so under the Commission’s model contracts for the transfer of personal data to third countries (i.e. standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate)For a copy of these Standard Contractual Clauses, please contact us at

We will share your information with law enforcement agencies, public authorities or other organisations if legally required to do so, or if such use is reasonably necessary to:

comply with legal obligation, process or request;
enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof;
detect, prevent or otherwise address security, fraud or technical issues; or
protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

We will also disclose your information to third parties:

in the event that we sell or buy any business or assets, in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information will be among the transferred assets.

5. Where we store your personal data
The personal data that we collect from you may will be transferred to, and stored at, a destination outside of your country and the European Economic Area ("EEA"). Further information regarding the transfer of data outside of the EEA is available. Please contact us at if you have any questions

6. Your Rights
In certain circumstances you have the right to access the personal data that we hold about you and to correct, update, or request deletion your personal data. Prior to the fulfilment of your request concerning your personal data, we will ask you to verify your identity before we can act upon your request.

You have the following rights:

The right to require free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
The right to request proper rectification, removal or restriction of your personal data;
Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);
Where the processing of your personal data is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
The right to take legal actions in relation to any breach of your rights regarding the processing of the personal data, as well as to lodge complaints before the competent data protection regulators.

As far as we process your personal data on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of you objection in order for us to examine the processing of your personal data and decide whether to adjust the processing accordingly.

Please note that the processing of your personal data will involve direct marketing activities as described above. If you do not want to have your activity on our Platform processed for direct marketing activities, you can object to any data processing free of charge at any time via e-mail 

Please send an e-mail to us if you would like to exercise any of your rights

7. The security of your personal data
We take steps to ensure that your information is treated securely and in accordance with this policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example, by encryption, we cannot guarantee the security of your information transmitted through the Platform; any transmission is at your own risk.

We have appropriate technical and organizational measures to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of you and other users. We maintain these technical and organizational measures and will amend them from time to time to improve the overall security of our systems.

We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.

Note that If you upload a video to the Platform for the first time, you will be notified that you are using the Platform on a public account, meaning that if you post a video it can be viewed by every user of the Platform regardless your connection to the user. You can limit the audience having access to the personal data included in the information that you post to the Platform in your privacy settings as specified in the information window. Changes to the privacy settings on the Platform will immediately apply and also affect Information that you have posted in the past. We will delete your personal data from your use of the Platform once you decided to delete the respective UGV or broadcast content or other information you provided in your profile.

8. How long we keep your personal data
We use the following criteria to determine the period for which we will keep your personal data:

our contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law(s) to retain data for a certain period of time; and
disputes or potential disputes.

After you have terminated your use of our Services, we can store your information in an aggregated and anonymised format. Notwithstanding the foregoing, we can also retain any personal data as reasonably necessary to comply with our legal obligations, allow us to resolve and litigate disputes, and to enforce our agreements.

9. Information relating to children
The Platform is not directed at children under the age of 13. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at

10. Complaints
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your data protection authority or follow the Dispute Process.

11. Changes
We will generally notify all users of any material changes to this policy, through a notice on our Platform. However, you should look at this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Services.

12. Contact
Questions, comments and requests regarding this policy should be addressed to or you can contact our DPO EU Officer at

Remember that we neither sell, nor exchange or carry out any kind of trade with your personal data, and in any case they will never be shared with third parties without your prior consent.

*This Privacy Policy may be modified at any time and is of immediate application after its publication on our website.


Head Office

"Koomby Team"
16 Avenue des Frênes
77144 Montevrain