16 August 2018
2. Information collected
2.1 Information We Collect
2.1.1 We do not collect any information which can identify Your or users of Your Devices, unless You voluntarily provide Us with such data (in particular, when communicating with Our support team, leaving feedback re Your experience with Nicola App). In particular, We do not collect Your name, e-mail, telephone number, any persistent online identifiers (like, advertising ID).
2.1.2 Please note that to enable the monitoring functionalities of Nicola App We shall need Your camera to be turned on, as Our monitoring functionalities are based on face detection algorithms (We shall ask for Your separate permission to turn on the camera). However, all the images or other data caught by the camera shall be processed solely on the Devices and shall not be sent to Our servers, i.e. We shall have no access to such images and data. We shall get only the statistics data about usage of the Devices, i.e. We shall know that someone using Your Device was reading or playing games within a particular period of time, was visiting certain websites, was opening certain applications and etc. For the avoidance of doubt, We shall not have access to the screen of Your Device.
2.1.3 Except for statistics data about usage of the Devices, We shall collect the data on how You are using Nicola App. These data are needed to enable proper operation of Nicola App, in particular to identify and fix the problems You are facing when using Nicola App.
2.1.4 To enable operation of Nicola App We generate and assign a specific identifier to the statistics and usage data We collect, as defined in Clauses 2.1.2 and 2.1.3 above. This identifier is randomly generated by Our system, is specific for Nicola App (i.e. it is not the same across multiple applications, like advertising ID) and is not linked to a particular device. This identifier permits Us solely to identify that two events of using Nicola App belong to the same user, however does not let it possible to identify that user.
2.1.5 We may also collect other data about Your Devices that do not permit direct association with You or other individuals, such as the operating system, settings, language, wireless network, mobile network information, software and hardware attributes.
2.1.6 In case We start collecting data enabling identification of You or users of Your Devices, We shall first ask for Your express consent for such collection and further processing.
2.1.7 We do not collect personally identifiable information about Your online activities over time and across third-party websites or online services, but such information is collected by Our Providers. Our Providers generally do not respond to Do Not Track (DNT) signals or other mechanisms that provide You with the ability to exercise choice regarding the collection of such information. Nevertheless, if You want Us not to use, or to stop using, such Providers in relation to You, please do not give or withdraw Your consent mentioned in Clause 3.2.
2.2 Biometric Information
2.2.1 Please note that Nicola App face detection algorithms are not able to identify a specific person and, therefore, generally cannot be considered as collecting biometric information. HOWEVER, IN CASE THE APPLICABLE LAW STIPULATES THAT IMAGES CAPTURED BY THE CAMERA OR FACE GEOMETRY GENERATED BY NICOLA APP ARE CONSIDERED AS BIOMETRIC IDENTIFIERS, BIOMETRIC INFORMATION OR SIMILAR LEGAL CATEGORY, HEREBY YOU EXPRESS YOUR INFORMED WRITTEN CONSENT ON THEIR PROCESSING, AS DESCRIBED IN THIS POLICY.
2.2.2 As mentioned in Clauses 2.1.2, all the images or other data captured by the camera and face geometry generated shall be processed solely on the Devices and shall not be sent to Our servers, i.e. We shall have no access to any biometric identifier, biometric information or similar legal category (We shall not collect, share store them)
2.3 Information Collected by Third-Party Providers
2.3.1 For the purposes of attribution and tracking the performance of Our advertising campaigns and applications, including their effectiveness, usage, installations and downloads, We engage advertising and analytics third party providers (hereinafter – Providers).
2.3.2 The Providers may collect the following personal information about users of the Devices: IP address, device ID, advertising IDs and location data. Such information shall be collected directly by Providers and will not be shared with Us. The Providers may combine such information with other personal information they have in their procession and may be used by them for targeted advertising, i.e. for showing the most relevant ads to You across Internet network.
2.3.3 Personal data mentioned in Clause 2.3.2 shall be collected solely upon receipt of Your separate consent, which is given by clicking a special checkbox available in Nicola App.
2.3.4 To see the list of Our Providers please follow the link. The list is updated on a monthly basis, to get the up-to-date list please contact Us.
3. Basis for processing
3.2 Processing of Your personal data, mentioned in Clause 2.1, is based on Your consent to such processing, which is given by clicking a special checkbox available in Nicola App (named “consent to processing of personal data for advertising and analytics purposes”). By giving Your consent to processing of Your personal data for advertising and analytics purposes You agree to:
- collection of personal data mentioned in Clause 2.3;
- collection of information about Your online activities as described in Clause 2.1.7;
- processing of Your personal data (both collected by Us and Our Providers) for the purposes mentioned in Clause 4.2;
- automated decision making in accordance with Clause 4.5;
- sharing of Your personal data with advertising and analytics third party providers (Clause 5.1).
3.3 You can withdraw Your consent, mentioned in Clause 3.2, at any time by simply unclicking the respective checkbox in Nicola App.
4. Purposes of processing
- delivering the Services to You (including, maintaining and monitoring the proper operation of Nicola App, fixing any problems in its operation, dealing with Your enquiries, complaints and requests);
- ensuring and protecting the safety and security of Nicola App, protecting Our Intellectual Property Rights and other rights;
- conducting statistical and analytical surveys and researches, in particular for improving the Services and Your user experience.
4.2 Personal data mentioned in Clause 2.3.2 shall be processed by Our Providers for the purposes of:
- attribution and tracking the performance of Our advertising campaigns and applications, including their effectiveness, usage, installations and downloads;
- targeted advertising, i.e. for showing the most relevant ads to users of the Devices across Internet network.
4.3 In case You voluntarily provide Us with any personal data, We shall process these data solely for the purposes for which they were provided to Us and for no longer they are needed to fulfil such purposes.
4.5 In case You give Your consent mentioned in Clause 3.2, the information collected via Banuba App shall be used for automated decision making, as Our Providers perform their advertising and analytics services based on automated analysis of Your browsing behaviour. As a consequence of automated decision making You will receive advertisements throughout the Internet which the system considers the most relevant to You. In case You don’t want to be subject to automated decision making please do not give Your consent mentioned in Clause 3.2.
5. Sharing of data
5.1 You agree that We may share Your data when this is needed for the purposes of processing with the following categories of recipients:
- the companies being in the same corporate group with Us;
- data storage, networking and security providers;
- advertising and analytics third party providers (upon Your consent only);
- providers assisting Us with client support;
- any other providers assisting Us with delivering and improving the Services for You.
5.2 We may also share some non-personal information with Our Providers when this is needed the purposes outlined in Clause 4.2.
5.3 We may also share Your data when it is required by law and/or any regulatory authority. In such circumstances, We will expressly inform the third party of the confidential nature of the data shared.
5.4 Our third-party providers with whom We share Your data or which directly collect such data via integration with Nicola App may be located in non-EEA countries, where data protection and privacy regulations may be different from Your home country and offer even lower level of protection. You acknowledge and give Your consent to such transfer and processing of Your data out of EEA to the countries where data protection and privacy regulations may be different from Your home country and offer even lower level of protection. To safeguard Your interests when transferring Your personal data out of EEA to the countries which do not provide an adequate level of data protection, We will use standard data protection clauses adopted by the European Commission or Our supervisory authority.
5.5 All the third parties with which We share Your data only get the minimum amount of data that are reasonably required in order for them to provide their service to Us and therefore to You. The use of the shared information by such third parties is strictly limited to the purposes of processing outlined in Section 4 and is not permitted for any other purpose. All third parties with which We share Your data are required to protect such data in accordance with all relevant laws and regulations and in a manner similar to the way We protect the same.
5.6 We will not share Your data with third parties which are considered as not being able to provide its clients and potential client with the required level of protection.
6. Your rights
6.1 With respect to Your personal data We process (if any) You have the right:
- to obtain from Us the information regarding Our processing of Your personal data;
- to obtain from Us without undue delay the rectification of inaccurate personal data concerning You;
- to obtain from Us the erasure of Your personal data your ‘right to be forgotten’);
- to restrict Our processing of Your personal data, when it is permitted under applicable law;
- to obtain from Us Your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without any obstacle on Our side;
- to withdraw Your consent to Our processing of Your personal data (where We are relying on consent to process Your personal data) by simply unclicking the respective checkbox in Nicola App;
- to lodge a complaint against Us with a supervisory authority for GDPR purposes – Cyprus Data Protection Commissioner’s Office.
7. Period of processing
7.1 We shall store Your personal data (in case having any) for no longer they are needed for the purposes for which You provided them to Us, unless You give Us Your explicit consent to process them for a longer period of time.
7.2 With respect to non-personal data We are not limited by any particular retention period.
9. Questions and complaints
9.2 If You consider that Our collection, usage, disclosure and/or storage of Your personal information violate any applicable data protection laws We are bound by, please refer Your complaints to email@example.com. We will consider them within reasonable time and provide You with an answer.