Privacy Policy – Real Smile

This Agreement was last revised on February 11th 2016.

Welcome to Real Smile, an application (“App”), a website and online service (hereinafter together referred to as “Services”) owned and operated by Real Smile B.V., referred to as “Real Smile”, “we”, or “us”. This Privacy Policy is meant to help you understand what (personal) information we collect, how we use it, and what choices you have. This Policy is applicable on the Services delivered by Real Smile. We welcome your questions and comments on this policy (via: info@realsmileapp.com).

For our Terms of Use you can click on this link

  1. 1. What information is collected?

    We collect information in the following manners:

    1. 1.1. When you give it to us directly or when you give us permission to obtain it.
      1. a. When you begin to use our Services, you provide us with your telephone number. When using the Services, you provide us with your profile picture(s) and your Realemoticon(s), status updates and names and telephone numbers of the contacts in your address list. When using Real Smile on your devices, such as your phone, tablet or computer system, You agree to only share information or pictures according to the Terms & Conditions of Real Smile.
      2. b. You also may give us permission to access your information in other services. For example, when you invite someone else to use the Real Smile App (via facebook, twitter or otherwise), you may link your Facebook or Twitter account to Real Smile, which allows us to obtain information from those accounts (like your profile pictures or contacts). The information we get from those services often depends on your settings or the privacy policies of those services. It is important for you to be aware of the privacy policies of the other services you use.
    2. 1.2. We also get technical information when you use our Services. Websites, mobile applications, or other internet services usually create and record certain information automatically. The same applies when using the Real Smile Services. The information we record can include (but is not limited to):
      1. a. Log data. When you use Real Smile, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, browser type and settings, the date and time of your request, how you used the Services, and cookie data.
      2. b. Cookie data. Depending on how you’re accessing our Services, we may use “cookies” or similar technologies to record log data. Cookies are small text files sent by your computer system or other devices you use each time you use our Services, unique to your Real Smile account or your browser. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other Real Smile settings so you don‘t have to set them up every time you visit Real Smile. Some of the cookies we use are associated with your Real Smile use (including personal information about you, such as the telephone number or e-mail address you gave us), and other cookies are not.
      3. c. Device information. In addition to log data, we may also collect information about the device you’re using Real Smile on, including (but not limited to) what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, you can check the policies of your device manufacturer or software provider.
    3. 1.3 We collect the information our partners and advertisers share with us. That information is shared by the partners or advertisers in the following manners:
      1. a. We can collect information from other social media when you use their services, or share with us the information they collect. If so, we may collect log information (described above) from those sites or apps.
      2. b. We may use the services of online advertisers. When we choose to do so, the advertisers typically share information with the websites or apps where they run ads to measure and/or improve those ads. We also receive this information, which can for example be information about the extent to which clicks on ads led to purchases or a list of criteria to use in targeting ads.
  2. 2. How do we use the information we collect?

    1. 2.1. We use the information to operate and maintain our Services, to improve our Services, develop new Services and protect Real Smile and our Users. We can for example log how often and how our Services are used. In particular, your mobile phone number is essential to your use of the Real Smile Services and will be retained.
    2. 2.2. The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever Real Smile does business, including countries outside your own. Personal information will be stored in the Netherlands or in Europe.
    3. 2.3. Any Personally Identifiable Information or status content that you voluntarily disclose with the Real Smile Services becomes publicly available and may be collected and used by other users of the Real Smile Services.).
    4. 2.4. Your name and/or as it is saved in other user’s mobile phone address book or contact list, may be displayed to other users when you update your status messages through the Real Smile Services and other users may contact you through the Real Smile Services.
    5. 2.5. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of Real Smile Service changes or for customer service purposes.
    6. 2.6. We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Real Smile Services and to create new features, promotions, functionality, and services by storing, tracking, and analysing user preferences and trends.
    7. 2.7. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Real Smile Services; (b) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (c) track your entries, submissions, views and such.
    8. 2.8. We also use the information we collect to respond to your questions or comments.
  3. 3. What choices do you have about your information?

    1. 3.1. You may, of course, decline to submit Personally Identifiable Information through the Real Smile Services, in which case Real Smile may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Use, please delete your account, uninstall the Real Smile App and discontinue use of our Services; as said your continued usage of the Services will signify your assent to and acceptance of our Privacy Policy and Terms of Use.
    2. 3.2. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Services. Please contact Real Smile via email when you have any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.
    3. 3.3. Our goal is to give you simple and meaningful choices about your information. For example:
      1. a. We support the Do Not Track browser setting, so that you can visit our website without us collecting your data.
      2. b. Remove your Real Smile-pictures and account at any time. We can retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
    4. 3.4. It is possible that you have choices available to you through the device or software you use to access Real Smile. For example:
      1. a. The browser you use could provide you with the ability to control cookies or other types of local data storage.
      2. b. Your mobile device could provide you with choices around how and whether location or other data is shared with us.
      3. c. To learn more about these choices, please see the information provided by the device or software provider.
  4. 4. How and when do we share information?

    1. 4.1. Other users of the Services may see your Status Submissions in a way that is consistent with the use of the Services. For example, a status of “Can’t talk, please SMS instead” set by you will be available to every user of the Real Smile Services who has your mobile phone number in their mobile phone’s address book or contact list.
    2. 4.2. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
    3. 4.3. Real Smile also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Real Smile believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Real Smile Website or our servers, and to protect the rights, property, or personal safety of Real Smile, our Users or others.
    4. 4.4. The other ways in which we may share your personal information includes (but is not limited to):
      1. a. When we have your consent. For example, you can choose to publish your Realmoticons to Facebook or Twitter.
      2. b. Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on Real Smile.
      3. c. We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we may share data with a security consultant to help us get better at identifying spam. In addition, some of the information we request may be collected by third party providers on our behalf.
      4. d. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Privacy Policy.
      5. e. We may also share aggregated or non-personally identifiable information with our partners, advertisers, or others. For example, we could tell an advertiser on Real Smile how many people clicked on something they shared, or the percentage of people who click on an add after viewing it.
  5. 5. Our policy on children’s information

    1. 5.1. Any person under sixteen (16) years old needs to have parental consent before downloading the App. If you learn that your child under 16 years old has provided us with personal information without your consent, please contact us.
  6. 6. How do we make changes to this policy?

    1. 6.1. We can change this Privacy Policy from time to time, and if we do we’ll post any changes on the Real Smile website. If you continue to use the Real Smile Services after those changes are in effect, you agree to the revised policy. If the changes are significant, we can provide a more prominent notice or get your consent as required by law.
  7. 7. Your rights to your Personal Identifiable Information

    1. 7.1 With respect to the Personal Identifiable Information we collect and store from you, you have the following rights:
      1. a. You have the right of inspect your Personal Identifiable Information;
      2. b. You have the right to alter your Personal Identifiable Information;
      3. c. You have the right to delete your Personal Identifiable Information.

You may also indicate in writing that you do not wish to be approached by Real Smile.

For any questions regarding the use and storage of your Personal Identifiable Information, please see the FAQ’s published on the Real Smile website or send us an e-mail:

Real Smile B.V.
Vredenhofweg 1948
1051 LL Amsterdam
The Netherlands
info@realsmileapp.com