Privacy Policy

Last updated and effective: August 24, 2023

Owner & Data Controller: Aviana Project
Owner contact email: contact@exylium.tk

Aviana Project provides a chat bot for the Discord chat platform, (the "Bot"), a website that serves as a dashboard (the "Site") and various related services (collectively, the "Service(s)"). The Service is operated by Aviana Project (the "Company", "we" or "us") for users of the Service ("you" or the "user(s)"). This privacy policy sets forth our policy with respect to information that is collected from visitors to the Site and users of the Bot and/or the Services. Under applicable law, Aviana Project is the "data controller" of Discord user data collected through the Services.

Information We Collect

When you interact with us through the Services, we may collect information from you, as further described below:

Information You Provide: We collect information from you when you voluntarily provide such information, such as when you use any of the Services. Information we collect may include but not be limited to cookies, usage data and, usernames, or other content you send via the chat feature when interacting with the Bot.

Other Information:

Data We Collect Automatically: When you interact with us through the Services, we receive and store certain information such as an IP address, device ID and your activities within the Services. We may store such information or such information may be included in the databases owned and maintained by affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of messages users have sent, as well as the sites which refer visitors to our Services.
Cookies: We employ cookies and similar technologies to keep track of your local computer's settings such as which account you have logged into on the Site. Cookies are pieces of data that sites and services can set on your browser or device that can be read on future visits. We may expand our use of cookies to save additional data as new features are added to the Service.
We may use third party web site analytics tools such as but not limited to Google Analytics on our Site that employ cookies to collect certain information concerning your use of our Services. However, you can disable cookies by changing your browser settings. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider's website via your help screen.

Where Information is Processed

The Company is based in Spain and the Services are hosted from Germany (by netcup GmbH). No matter where you are located you consent to processing and transferring of your information in and to Germany, Spain, and other countries. The laws of Germany, Spain, and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.

Our Use of Your Information

We use the information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information in order to obtain access to the Services, we will use your information to provide you with access to such services and to monitor your use of such services. The Company and its subsidiaries and affiliates (the “Related Companies”) may also use your information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. The Company and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Our Legal Bases for Handling of Your Personal Data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:

Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law.
Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof.
Processing is necessary for compliance with a legal obligation to which the Owner is subject.
Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner.
Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Our Disclosure of Your Information

The Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your information with certain third parties, as set forth below:

Consent: We may transfer your information with your consent.
Consultants and outside collaborators: Like many businesses, we sometimes request the help of other companies or individuals to perform certain functions. Examples of such functions include accessing, modifying and adding to the open-source source code. In order to perform these functions they may require samples of any of the data stored by the Services. These people will however never have access to the full data and any data will always be anonymized where required.
Legal Requirements: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Company or Related Companies, (iii) protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Unsolicited Information

You may provide us with ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children

Our Services are for users age 13 and over and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us please contact us at contact@exylium.tk. Note: In some countries, the age of digital consent is older than 13. If you are in those countries, you must be at least that age to use the Services. For example, for residents of the EEA, where processing of personal information is based on consent, Aviana Project will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Data Retention

We generally retain personal data for so long as it may be relevant to the purposes identified herein. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup for additional time. Any backups created are always deleted 7 days (168 hours) after their creation.

Security

We take reasonable steps to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any information via the Internet.

Your Data Rights and Choices

We believe that users should be treated equally no matter where they are, and so we are making the following options to control your data available to all users, regardless of their location.

Individuals in California, the European Economic Area, Canada, Costa Rica and some other jurisdictions have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways.

How can I access the personal data you have about me?

If you would like to submit a data access request, you can do so by sending an email to contact@exylium.tk. Upon request we will start the process and provide you a link to access the personal data the Services has on you within 30 standard working days.

How do I correct, update, amend, or delete the personal data you have about me?

You can request modifications to your data from us directly. Please write us at contact@exylium.tk with the words "Personal Data Request" in the subject or body of your message, along with an explanation of what data subject right you are seeking to exercise. For your protection, we may take steps to verify identity before responding to your request.

Who is Aviana Project's EEA Representative ?

As the Company is currently exclusively based within the EEA and the Company is of such a small size that we do not have the funds to for a registered EEA representative the Company will handle any data protection matters, pursuant to Article 27 of the General Data Protection Regulation (the "GDPR") of the European Economic Area (the "EEA") themselves. You can contact the Company through aforementioned means.

Your California Privacy Rights

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”) and the “Shine the Light” Law. If you are a California resident, this section applies to you.

California Consumer Privacy Act

Our Collection and Use of Personal Information: We collect the following categories of personal information: Discord User ID; internet or other network information (how you interact with the application); location information (because your IP address may indicate your general location); and other information that identifies or can be reasonably associated with you. For examples of the precise data points we collect and the sources of such collection, please see the “Information We Collect” section above. We collect personal information for the business and commercial purposes described in “Our Use of Your Information” above.

Disclosure of Personal Information: We may share your personal information with third parties as described in the “Our Disclosure of Your Information” section above. We disclose the categories of personal information mentioned above for business or commercial purposes.

No Sale of Personal Information: The CCPA sets forth certain obligations for businesses that sell personal information. We do not sell the personal information of our users.

Exercising Your Consumer Rights: If you are a California resident, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) to opt out of sales of your personal information, if applicable. Details on how to make these requests are in the “Your Data Rights and Choices” section above. We will not discriminate against you if you exercise your rights under the CCPA.

Requests Received: We received the following number of data requests between August 24, 2019 and August 24, 2023:

No requests to date

Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any information. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting Us

Please also feel free to contact us if you have any questions about this Privacy Policy or the information practices of the Services. You may contact us as follows: contact@exylium.tk.