Privacy Policy

1. Introduction

Welcome to Berry ("Berry," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile application and website (collectively, the "Service").

By creating a Berry account or using our Service, you agree to the collection and use of information in accordance with this policy. If you do not agree with the terms of this Privacy Policy, please discontinue use of the Service.

This Privacy Policy applies to all users of Berry worldwide. Where applicable, we note specific rights available to users in the European Economic Area (GDPR), California (CCPA), and other jurisdictions.

2. Information We Collect

We collect information that you provide directly, information generated through your use of the Service, and in some cases information from third parties.

Information You Provide

• Account information: Name, email address, phone number, date of birth, gender identity, and sexual orientation preferences you choose to share.
• Profile information: Photos, biography text, interests, cultural background, languages spoken, religion, education, occupation, relationship goals, and other details you choose to include on your profile.
• Authentication data: Passwords (stored encrypted), or OAuth tokens when you sign in via Google or Microsoft.
• Communication content: Messages, voice notes, GIFs, and media you send to other users through the Berry messaging system.
• Payment information: When you purchase Berry Premium, we collect billing information. Full payment card details are processed by our payment provider (Stripe) and are not stored on our servers.
• Support information: Information you provide when contacting our support team, including reports about other users.
• Survey and research data: Responses if you choose to participate in optional surveys or user research.

Information Collected Automatically

• Usage data: How you interact with the Service, features you use, profiles you view, swipe actions (likes, passes, super likes), and match interactions.
• Device information: Device type, operating system version, unique device identifiers, mobile network information, and browser type.
• Log data: IP address, access times, pages viewed, app crashes, and other system activity.
• Location information: Approximate location derived from your IP address, or more precise location if you grant location permissions (see Section 7).
• Cookies and similar technologies: We use cookies, pixel tags, and similar tracking technologies to recognize you, remember your preferences, and analyze usage patterns.

Information from Third Parties

• Social login providers: If you sign in with Google or Microsoft, we receive your name, email address, and profile photo from those providers, subject to their privacy policies.
• Identity verification partners: We may use third-party services to verify user identities and detect fraudulent accounts, receiving confirmation of verification status.

3. How We Use Your Information

We use the information we collect for the following purposes:

To Provide and Improve the Service

• Creating and maintaining your Berry account and profile
• Generating match recommendations using our compatibility algorithm, which considers your profile information, stated preferences, and behavioral signals within the app
• Enabling messaging and other communication features between matched users
• Processing payments for Berry Premium subscriptions
• Providing customer support and responding to your inquiries
• Analyzing usage patterns to improve app features, fix bugs, and develop new functionality

For Safety and Security

• Verifying user identities and detecting fraudulent, abusive, or suspicious accounts
• Enforcing our Terms of Service and Community Guidelines
• Investigating reports of harassment, hate speech, or other prohibited conduct
• Detecting and preventing spam, scams, and other harmful activities

For Communications

• Sending service-related notifications (new matches, messages, account activity)
• Sending promotional content and marketing communications (you can opt out at any time)
• Delivering push notifications based on your preferences and in-app activity

Legal and Compliance

• Complying with applicable laws, regulations, and legal processes
• Enforcing our legal rights and defending against legal claims
• Responding to law enforcement requests as required by law

4. Information Sharing

With Other Users

Your public profile information — including your photos, name, age, bio, and the attributes you choose to display — is visible to other Berry users in your area. Sensitive information like your exact location or contact details is never shared with other users without your explicit consent.

With Service Providers

We share information with carefully vetted third-party service providers who assist us in operating the Service, including:

• Cloud infrastructure: Servers, databases, and file storage (e.g., AWS, Google Cloud)
• Payment processing: Stripe, for handling Premium subscription payments
• Analytics: To understand app usage and improve user experience
• Communication services: Email delivery and push notification providers
• Identity verification: To confirm user ages and detect fake accounts
• Customer support tools: To manage and respond to support requests

All service providers are contractually required to protect your data and may only use it for the specific purposes we authorize.

For Legal Reasons

We may disclose your information if we believe in good faith that such disclosure is necessary to: comply with applicable law or respond to valid legal process; protect the rights, property, or safety of Berry, our users, or the public; detect, prevent, or address fraud, security, or technical issues.

Business Transfers

If Berry is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred as part of that transaction. We will notify you via email and/or prominent notice within the Service prior to any such transfer and any changes in how your information is used.

With Your Consent

We may share your information with other parties when you explicitly direct us to do so or when you provide your consent.

5. Data Security

Protecting your personal information is a top priority. We implement industry-standard security measures including:

• Encryption in transit: All data transmitted between your device and our servers is encrypted using TLS (Transport Layer Security) 1.2 or higher.
• Encryption at rest: Sensitive data fields, including private messages and payment information, are encrypted when stored in our databases.
• Access controls: Strict internal access controls ensure only authorized personnel can access user data, and only when necessary to perform legitimate business functions.
• Security audits: We conduct regular security assessments and penetration testing to identify and remediate vulnerabilities.
• Incident response: We maintain a comprehensive data breach response plan and will notify affected users and regulators within legally required timeframes if a breach occurs.

No method of electronic transmission or storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We encourage you to use a strong, unique password and enable any available two-factor authentication features.

6. Your Rights

Depending on your location, you may have the following rights regarding your personal information:

GDPR (European Users)

If you are located in the European Economic Area (EEA), the UK, or Switzerland, you have rights under the General Data Protection Regulation (GDPR), including all rights listed above. Our legal basis for processing your data includes: contractual necessity (to provide the Service), your consent (for optional data uses), legitimate interests (to improve and protect the Service), and legal obligation. You may also lodge a complaint with your local data protection authority.

CCPA (California Users)

If you are a California resident, the California Consumer Privacy Act (CCPA) grants you rights to know what personal information is collected about you, know whether your personal information is sold or disclosed, opt out of the sale of your personal information (though we do not sell personal data), request deletion of your personal information, and not be discriminated against for exercising these rights.

Exercising Your Rights

To exercise any of your rights, you can visit your account settings within the Berry app, or contact us at contactus@neoncell.ca. We will respond to verified requests within 30 days (or within the timeframe required by applicable law).

7. Location Data

Location is a core feature of Berry — it allows us to show you potential matches who are near you. Here is how we handle location data:

Types of Location Data

• Approximate location: We derive a general city or region from your IP address to provide basic location-based matching. This happens automatically and does not require any permission from you.
• Precise location: If you grant Berry location permissions on your device, we collect your precise GPS location to show you more accurate nearby matches. You can revoke this permission at any time in your device settings.

How We Use Location

Location data is used exclusively for matching purposes — to show your profile to users in your area and to show you profiles of people near you. We display distances as approximate ranges (e.g., "2 miles away") rather than exact coordinates, so other users never see your precise location.

Location Retention

Your current location is updated periodically when you use the app. We store your last known approximate location to continue showing relevant matches even when you are not actively using the app. If you delete your account, all location data is permanently removed.

8. Photos and Media

Photos and media are central to Berry profiles. Here is how we handle them:

• Profile photos: Photos you upload to your profile are stored on our secure servers and visible to other Berry users according to your profile visibility settings. They may also be used by our team for safety verification purposes.
• Photo verification: We offer an optional photo verification feature where you take a selfie that is compared against your profile photos to confirm authenticity. Verification photos are used solely for this purpose and are not stored long-term.
• Media in messages: Photos, GIFs, and other media shared in private messages are treated as private communications and are not used for any other purpose.
• Content moderation: We use a combination of automated technology and human review to detect and remove content that violates our Community Guidelines, including sexually explicit material, harassment, and other prohibited content.
• Deletion: When you delete a photo from your profile or delete your account, we remove it from our servers within 30 days.

You retain all ownership rights to photos and media you upload. By uploading content, you grant Berry a non-exclusive, royalty-free, worldwide license to display and process that content solely for the purpose of operating the Service.

9. Communications

Service Communications

We will send you communications related to your account and use of the Service, including match notifications, message alerts, account security alerts, and billing confirmations. These are necessary to provide the Service and you cannot opt out of them while maintaining an active account.

Marketing Communications

With your consent, we may send you promotional emails, push notifications, and in-app messages about new features, special offers, and updates. You can opt out of marketing communications at any time by:

• Clicking "Unsubscribe" at the bottom of any marketing email
• Adjusting notification preferences in your account settings
• Adjusting push notification permissions in your device settings
• Contacting us at contactus@neoncell.ca

Private Messages

Messages sent between matched users are private communications. We do not read private messages for advertising or any purpose other than safety enforcement when a message is reported by a user. Message content may be reviewed by our Trust & Safety team when investigating reports of harassment or other policy violations. We retain message data for the duration of your account plus 90 days after deletion, after which it is permanently purged.

10. Children's Privacy

Berry is strictly an 18+ platform. We do not knowingly collect personal information from anyone under the age of 18. Our registration process requires users to confirm they are at least 18 years old, and we use third-party age verification services to enforce this requirement.

If we learn or have reason to believe that a user is under 18 years of age, we will immediately suspend that account, delete all associated personal information, and report the situation to appropriate authorities if required by law.

If you believe that a minor has created an account on Berry, please contact us immediately at contactus@neoncell.ca so we can take prompt action.

11. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you via email if the changes are material
• Display a prominent notice within the Berry app for significant changes
• In cases of substantial changes to how we use your personal data, seek your renewed consent where required by law

Your continued use of Berry after any changes to this Privacy Policy constitutes your acceptance of the revised policy. We encourage you to review this page periodically. Older versions of this Privacy Policy are available upon request.

12. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please reach out to us:

• Email: contactus@neoncell.ca
• Mail: Berry Inc., Attn: Privacy Team, 123 Market Street, Suite 400, San Francisco, CA 94105
• For EU/UK users — Data Protection Officer: contactus@neoncell.ca

We aim to respond to all privacy inquiries within 30 days. If you are not satisfied with our response, you have the right to lodge a complaint with your local data protection authority.