Privacy Policy
This Privacy Policy applies from May 13, 2025.
Who Are We
Where This Privacy Policy Applies
Data We Collect
Why and How We Use Your Data
How We Share Data
Your Rights
How Long Do We Retain Your Data
Children’s Privacy
Privacy Policy Changes
SMS Privacy Policy
How To Contact Us
1. Who are we
The company that is responsible for your information under this Privacy Policy (the “data controller”) is:
2. Where This Privacy Policy Applies
This Privacy Policy governs your use of the mobile application and website branded as The DMs, both operated by Mobbyn INC. For clarity and transparency, links to this Privacy Policy have been included across all relevant services.
3. Data We Collect
To facilitate meaningful connections, it is necessary for you to provide certain personal details, such as basic profile information. Additionally, your use of the service generates data—for example, timestamps of logins and usage patterns. For a comprehensive overview, please refer to the table below.
The data you give us
Categories
Description
Account Data
When you register an account, you provide essential information required for its creation, including your name, email address, date of birth, and gender.
Profile Data
We differentiate between two types of user profiles: ‘fan’ and ‘creator.’ When setting up a ‘creator’ profile, you may be asked to provide additional information, such as your interests, profile photo, and a brief biography.
Purchase Data
When you complete a purchase, we retain details of the transaction, including the item purchased, the transaction date, and the amount paid. The specific information collected may vary depending on the chosen payment method. If you make a payment directly through our platform, you may be required to provide your debit or credit card number or other financial details.
Customer Support Data
When you reach out to us, you may provide information necessary for us to respond to your inquiry. Additionally, other users may submit requests or reports that involve you. As part of our moderation processes, our tools and teams may also collect further data during the course of their investigations.
Social Media Data
You may choose to share information with us via third-party platforms, such as Instagram, particularly if you are applying for a ‘creator’ account.
Data generated or automatically collected
Categories
Description
Usage Data
Your use of the service generates data related to your activity, such as login times, features accessed, actions performed, content displayed to you, and your interactions with other users.
Technical Data
When you use the service, data is collected from and about the device(s) you use to access it. This includes hardware and software details such as IP address, device ID and type, application settings and characteristics, crash reports, advertising identifiers, and other identifiers linked to cookies or similar technologies that may uniquely identify your device or browser.
4. Why and How We Use Your Data
The primary purpose of processing your data is to deliver and continuously enhance our service. Additionally, we process your information to ensure the safety and security of you and all members while using our platform.
Purposes for Processing Your Personal Data
Legal Bases for Processing Your Personal Data
To facilitate your use of our service, including:
Creating and managing your account and profile
Operating and maintaining the various features of the service
Responding to your inquiries and requests
Monitoring the proper functioning of the service, as well as diagnosing and resolving issues
Processing your applications for a ‘creator’ account
Performance of our contractual obligations to you. Your consent (applicable when processing sensitive data or other data types requiring explicit consent)
Account Data
Profile Data
Purchase Data
Customer Support Data
Social Media Data
Usage Data
Technical Data
To facilitate your purchases on our service, including:
Processing payment transactions
Providing discounts and promotions, and personalizing pricing
Fulfillment of our contractual obligations to you
Account Data
Profile Data
Technical Data
Purchase Data
Usage Data
To enhance our service and develop new features, including:
Analyzing user interaction with the service
Reviewing communications with customer support to improve service quality
Creating and refining new features and services, utilizing machine learning and other technologies, as well as conducting testing
• Consent, where required by applicable law (for example, processing sensitive or special categories of data in certain jurisdictions to ensure fair, equitable treatment of diverse communities and to maintain an inclusive service)
Usage Data
Technical Data
To ensure the safety and security of you and other members on our service, including:
Preventing, detecting, and addressing violations of our Terms, fraud, and other illegal or unauthorized activities
Developing and enhancing tools to combat such violations, fraud, and unauthorized actions
Preventing repeat offenses, including by restricting individuals who breach our Terms from creating new accounts
Informing users who submit reports about the actions taken in response
Verifying user identities
Securing payment processes and combating financial fraud
Fulfillment of our contractual obligations to you
• Our legitimate interest, as well as that of our members, in maintaining a safe environment
• Protection of your vital interests and those of other members
• Compliance with applicable legal obligations, including the removal of illicit content
• Your consent, where processing of sensitive or other consent-requiring data is involved
Account Data
Profile Data
Content
Purchase Data
Customer Support Data
Usage Data
Technical Data
To comply with applicable laws and to establish, exercise, or defend legal claims and rights, including:
Retaining data to demonstrate compliance with legal requirements
Assisting with investigations and defending against potential or ongoing litigation, regulatory actions, or disputes
Responding to lawful requests from law enforcement agencies, courts, regulators, and other authorized entities
Reporting illegal or infringing content to relevant authorities
Initiating, pursuing, or defending legal claims
Sharing data with law enforcement or partners to address abusive or unlawful conduct
Our legitimate interest in complying with applicable laws and safeguarding ourselves, our members, and others, including during investigations, legal proceedings, and disputes
• Protection of your vital interests and those of other members
• Compliance with legal obligations, including responding to lawful requests for information from law enforcement authorities
The types of data disclosed will depend on the particular circumstances related to each legal obligation, legitimate interest,
or dispute.
5. How We Share Data
As our objective is to facilitate connections between users, certain information you provide will be visible to other members of the service. Additionally, we share data with service providers and partners who support the operation of the service
Purposes for Processing Your Personal Data
Legal Bases for Processing Your Personal Data
Categories of Data Processed
Other members
You share information with other members when you voluntarily disclose data on the service intended for public viewing (e.g., your public profile). If a report is submitted involving you—such as an allegation of violating our Terms of Use—we may inform the reporter of any actions taken in response. Similarly, if you submit a report concerning another member, we may provide you with updates regarding the outcome.
Profile Data
Content
Customer Support Data
Service providers/partners
We disclose data to vendors and partners who assist us in operating, promoting, and enhancing our service. These service providers offer functions including data hosting and maintenance, analytics, customer support, marketing, advertising, payment processing, legal assistance, and security management.
Depending on the service provided by the vendor or partner, it may include:
Account Data
Profile Data
Content
Purchase Data
Customer Support Data
Social Media Data
Usage Data
Technical Data
Law enforcement authorities
We may disclose your data in the following circumstances: (i) to comply with legal processes such as court orders, subpoenas, search warrants, or government and law enforcement investigations; (ii) to aid in the prevention or detection of criminal activity; (iii) to protect the safety of individuals; and (iv) to establish, exercise, or defend legal claims.
The categories of data shared will vary depending on the specific circumstances surrounding the request, but it often can include:
Account data
Profile Data
Content
Purchase Data
Customer Support Data
Third Party Data
Social Media Data
Usage Data
Technical Data
In the context of merger and acquisition, with new owner(s)
Your data may be transferred in connection with, or during the course of, a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or any other change in ownership or control involving all or part of our business.
The categories of data disclosed will depend on the nature of the corporate transaction and may encompass data from the entire organization or a specific subset, such as purchase information.
Use of the Profile Sharing Functionality
‘Creators’ may opt to share their profiles, and other users may also share profiles with individuals outside of our service through the available sharing features.
Profile Data Content
6. Your Rights
To protect you and all members, we may require information to verify your identity or your authority to act on behalf of another member before fulfilling such requests. This is to prevent unauthorized access to your data. Please note that we may decline requests if we are unable to verify your identity, if the request is unlawful or invalid, or if it could infringe on trade secrets, intellectual property, privacy, or other rights of third parties. Additionally, if you seek information related to another member—such as copies of messages you received from them—that member must submit the request themselves.
Your Rights
How to exercise it
Rights of Access, Portability, and Information Right to be Informed About the Personal Data We Process Concerning You
You have the ability to access and review certain data directly by logging into your account.
Rectification or Correction
Right to Request Amendment or Update of Inaccurate or Incomplete Personal Data
You may update your personal data directly within the service by modifying your profile information.
Deletion or Erasure
Right to delete personal data
You have the option to delete certain data you have provided directly within the service. Additionally, you may close your account, upon which we will delete your data in accordance with the provisions outlined in this Privacy Policy.
Objection (Opt-Out) or Restriction
Right to Object to the Processing of Personal Data or to Request Temporary or Permanent Suspension of Such Processing
You may contact us to object to or request restrictions on any data processing activities described in this Privacy Policy.
Withdrawal of Consent
Right to Withdraw Consent Previously Given for the Processing of Your Personal Data for a Specific Purpose
You may withdraw consent directly by updating your account settings or by revoking device permissions through your device settings (e.g., access to contacts, photos, advertising identifiers, location services, or consent to receive push notifications). Please note that withdrawing consent may result in the loss of certain service functionalities.
7. How Long We Retain Your Data
While we aim to facilitate lasting connections through our service, we retain your personal data only as long as necessary for legitimate business purposes, as outlined in Section 4, and in accordance with applicable law. If you choose to discontinue using our service, you may close your account, which will render your profile no longer visible to other members. Please note that accounts inactive for two years will be automatically closed.
Following account closure, we delete your data as laid out below:
To safeguard the safety and security of our members, we enforce a safety retention period of three months following account closure or one year after an account ban. During this timeframe, we retain your data to investigate any unlawful or harmful behavior. This data retention is grounded in our legitimate interests, as well as those of potential third-party victims.
We retain certain data to fulfill legal data retention requirements, including transaction records for ten years to comply with tax and accounting laws, credit card information for the duration during which a user may dispute a transaction, and traffic data or logs for one year in accordance with applicable legal obligations. Additionally, we maintain records of members’ consents for five years to demonstrate compliance with relevant legal standards.
We also retain certain data on the basis of our legitimate interests. Customer support communications are kept for six years from the date of the interaction. Customer care records, supporting documentation, and approximate location data related to downloads or purchases are retained for five years to support our safety initiatives, inform customer service decisions, enforce our legal rights, and enable us to defend against potential claims. Information regarding the existence of prior accounts and subscriptions is preserved for three years after the closure of the most recent account to ensure accurate financial forecasting and reporting. Profile data is stored for one year in anticipation of potential litigation and for the purpose of establishing, exercising, or defending legal claims. We also retain data necessary to prevent banned users from creating new accounts for as long as necessary to safeguard the safety and vital interests of our members.
Finally, we retain data on the basis of our legitimate interests in situations involving an actual or potential issue, claim, or dispute that necessitates preservation of information. This includes cases where we receive a valid legal subpoena or official request to retain data, in which event we are legally obligated to comply, or where the data is otherwise required in connection with legal proceedings.
Where permitted by applicable law, we may retain and use data that does not, on its own, identify you or cannot reasonably be linked to you, for the purposes outlined in this Privacy Policy. This includes, among other things, improving our service, developing new features, technologies, and services, and maintaining the safety and security of The DMs platform.
8. Children's Privacy
The DMs is intended solely for individuals who are 18 years of age or older. We do not knowingly collect or solicit any personal information from anyone under the age of 18. Individuals under 18 are strictly prohibited from creating an account or using the platform in any manner.
If we become aware that we have inadvertently collected personal information from a user under 18, we will take steps to delete such information as quickly as possible and terminate the associated account.
If you believe that someone under the age of 18 is using The DMs, please report it through our in-app tools or contact us at [hello@thedms.app].
9. Privacy Policy Changes
This Privacy Policy may be updated from time to time. In the event of any material changes, we will provide advance notice to give you the opportunity to review and understand the updates before they take effect.
10. SMS Privacy Policy
Mobbyn INC. may disclose Personal Data and other information as follows: Third Parties that Help Provide the Messaging Service: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.
Additional Disclosures: Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
11. How to Contact Us
If you have questions about this Privacy Policy, please contact us:
By E-mail: hello@the-dms.app
By post:
Mobbyn INC.
C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States