PHONE GUARDIAN WEBSITE DATA PRIVACY NOTICE

Last Revised: August 10, 2022

See previous versions

  1. INTRODUCTION

This Data Privacy Notice (“Notice”) describes the types of information data.ai inc. (“data.ai,” the “Company,” “we,” “our,” or “us”) collects from you or that you provide when you visit the website www.phoneguardianapp.com (“Website”), our FAQ pages at phoneguardian.zendesk.com and phoneguardianmobilesecurity.zendesk.com (“FAQ Pages”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Notice does not apply to information collected by us offline or through other means, including on our mobile apps and other websites operated by the Company or related companies.

data.ai is committed to protecting your privacy. We provide this Notice to explain the type of information we collect, to inform you of the specific practices and guidelines that protect the security and confidentiality of your personal information, and your data rights. Please read this Notice carefully. If any term in this Notice is unacceptable to you, please do not use our Website or our FAQ Pages. This Notice may change from time to time and you can find a link to previous versions above.

  1.         INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website and our FAQ Pages, which include information relating to identified or identifiable natural persons, defined as personal information (“Personal Information”).

  1. Information We Process When You Visit This Website

The information we collect on or through our Website include:

This information will be temporarily stored in server log files for as long as necessary to maintain and improve the security and stability of the IT systems, including to find errors (such as links to non-existing pages or pages that are not working on a specific browser) and to prevent abuse.

We use the hosting services provided by Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, U.S. (“AWS”). You can find AWS’ privacy policy at https://aws.amazon.com/privacy/?nc1=h_ls. We have entered into a Data Processing Addendum with AWS, which acts as a data processor and processes personal information in the U.S. of Website visitors on our behalf and in accordance with our instructions.

For personal information transfers by AWS to a country outside of the European Union or the European Economic Area, including the United States of America, we have entered into Standard Contractual Clauses (Module 2: Transfer controller to processor) as appropriate safeguards with AWS. You can find a copy of the Standard Contractual Clauses at https://d1.awsstatic.com/Controller_to_Processor_SCCs.pdf. In addition, AWS has provided specific warranties regarding protecting personal information and responding to government requests for information in its “Supplementary Addendum to the AWS GDPR DPA”, which is available at https://d1.awsstatic.com/Supplementary_Addendum_to_the_AWS_GDPR_DPA.pdf. AWS has adopted a number of supplementary measures, which are summarized at https://aws.amazon.com/compliance/gdpr-center/#Can_I_continue_to_use_AWS_services_following_the_Schrems_II_ruling.3F_.

  1. Information We Process When You Visit Our FAQ Pages

When you visit our FAQ Pages directly through your device’s browser, the information we collect on or through our FAQ Pages includes the information stated under section II.1. above.

We use the hosting services provided by Zendesk, Inc., 989 Market Street, San Francisco, CA 94103, USA (“Zendesk”). You can find Zendesk’s privacy policy at https://www.zendesk.com/company/agreements-and-terms/privacy-notice/. We have entered into a Data Processing Agreement with Zendesk, which acts as a data processor and processes personal information in the U.S. of FAQ Pages visitors on our behalf and in accordance with our instructions. The Data Processing Agreement includes Standard Contractual Clauses and Zendesk’s Binding Corporate Rules. You can contact us by sending an e-mail to privacy@data.ai if you would like to obtain a copy of these appropriate safeguards.

You can find Zendesk’s technical and organizational measures at https://www.zendesk.com/product/zendesk-security/ and https://www.zendesk.com/company/agreements-and-terms/protect-service-data-enterprise-services/.

In addition, when you visit our FAQ Pages, a unique ID is assigned to your visit and collected to help analyze network traffic to the website, including to determine if the requests to access the website are being made by bots.  This unique ID is transferred to and further processed by Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, USA (“Cloudflare”).  We rely on our legitimate interest to keep our website available to users to process this unique ID.  You can find Cloudflare’s privacy policy at https://www.cloudflare.com/privacypolicy/.

  1. Cookies and Other Browser Storage Technologies Used on Our Website and FAQ Pages.

Cookies are small text files that are stored by your web browser when you visit a website and may contain certain information such as your IP address, information about the content you view, or your preferences and settings. Cookies also help us provide you with customized content, speedy navigation through our Website, and allow us to learn about your visit and your use of online services.

We ask you to consent to the use of the following cookies that will be stored on your device by our Website or our FAQ Pages:

Name of the Cookie

Purpose, Source Domain and Description

Consent Required and Legal Basis

(only EU/EEA/UK)

Storage Period

Cookies Stored and Accessed When You Navigate on Our FAQ Pages

__cfruid

Cookie set by Zendesk (smartsense.zendesk.com) to distinguish between humans and bots, detect malicious intent and maintain website performance.

Consent not required by virtue of Art. 5(3) ePrivacy Directive and applicable EU Member State laws.

Session

__cfruid

Cookie set by Zendesk (phoneguardian

mobilesecurity.

zendesk.com) to distinguish between humans and bots, detect malicious intent and maintain website performance.

Consent not required by virtue of Art. 5(3) ePrivacy Directive and applicable EU Member State laws.

Session

__cf_bm

Cookie set by Zendesk (phoneguardian

mobilesecurity.

zendesk.com) to optimise website performance by  load-balancing, deliverance of website content and serving DNS connection for website operators.

Consent not required by virtue of Art. 5(3) ePrivacy Directive and applicable EU Member State laws.

1 day

  1. TRANSFERS TO OTHER COUNTRIES

The Company transfers your Personal Information to App Annie Asia Pte. Ltd. in Singapore for security management purposes in accordance with applicable local laws and regulations. Where required to comply with applicable law, we rely on appropriate and suitable safeguards including EU Standard Contractual Clauses to transfer Personal Information to countries outside the European Economic Area (“EEA”) or Switzerland as well as the Addendum B.1.0 issued by the Information Commissioner of the UK (as it is revised from time to time under section ‎18 of its mandatory clauses) for transfers of Personal Information outside the United Kingdom, where an adequate level of protection is not already guaranteed.

You may contact us as specified at the end of this Notice to obtain a copy of the appropriate and suitable safeguards we use to transfer Personal Information.

  1. DATA RETENTION

The Company also will erase Personal Information when it is no longer necessary for the purposes for which it was collected or otherwise processed; when you withdraw your consent (where lawfulness of processing was based on your consent) and there is no other legal ground for the processing; when you object to the processing and there are no overriding legitimate grounds for the processing; when your Personal Information has been unlawfully processed; and when it is necessary to comply with legal obligations.

  1. YOUR RIGHTS AND CHOICES
  1. For Residents in the EU, EEA, Argentina, South Korea, United Kingdom, Switzerland, and Thailand, you have the following rights regarding your Personal Information

  1. California Resident Privacy Rights

Under the California Consumer Privacy Act (“CCPA”), as amended from time to time, California residents have the following rights:

Verification and Authorized Agent

To exercise your rights, please follow the instructions above and the contact information at the end of this Notice. We will confirm receipt of your requests and respond within 30 calendar days, unless additional time is needed, in which case we will provide notice and an explanation of the reason. Also, to respond to your request to right to know and/or delete, we must verify your identity or authority to make the request and confirm the Personal Information relates to you or to others. To do so, we collect your e-mail address and may contact you by e-mail (if you have provided it to us) to verify your identity and ask you additional questions so that we can match your identity with the data we have about you. In some instances, we may ask you to declare under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. If we cannot verify your identity, we may reject your request in whole or in part.

You also may designate an authorized agent to make a request for you. To use an authorized agent, we may require: (1) your signed permission designating the authorized agent; (2) evidence that the authorized agency has power of attorney under the California Probate Code; or (3) proof that the authorized agent is registered with the California Secretary of State and that you have authorized such authorized agent to be able to act on your behalf. We may deny a request from an authorized agent who does not submit sufficient proof.

  1. For Residents in Japan

The Japan Personal Information Protection Law provides you with additional rights regarding your Personal Information, as follows:

Any requests related to the above rights may be made by sending an e-mail to privacy@data.ai. If you have any questions or complaints about how we process your Personal Information, we recommend that you first contact us.

  1.         SECURITY MEASURES

data.ai cares about the security of your information and employs physical, technological, and administrative measures to protect the information you submit via the Website and FAQ Pages against loss, theft, and unauthorized access, use, disclosure, or modification. Please note that we cannot ensure or warrant the security of the information you transmit to us or guarantee that information on the Website and FAQ Pages may not be accessed, disclosed, altered or destroyed. Electronic communications sent to or from the Website and FAQ Pages may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us. For more information on the security measures we take, please contact us at the e-mail address provided in the “Contact Information” section below.

  1. THIRD-PARTY WEBSITES

Our Website and FAQ Pages may contain links or references to other websites outside of our control (e.g., apple.com, google.com, youtube.com). Please be aware that this Notice does not apply to these websites. We encourage you to read the privacy statements and terms and conditions of linked or referenced websites you enter. These third-party websites may store and access their own cookies and engage in tracking activities relating to you, log your IP address, and otherwise collect Personal Information. data.ai does not control and is not responsible for what third parties do in connection with their websites, or how they handle your Personal Information. Please exercise caution and consult the data protection policies posted on each third-party website for further information.

  1. CHILDREN UNDER THE AGE OF 16

Our Website is not intended for children under 16 years of age, and data.ai does not knowingly collect or use any Personal Information from children under the age of 16. No one under the age of 16 may provide any information to or on the Website. If we learn we have collected or received Personal Information from a child under the age of 16, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact privacy@data.ai.

In Thailand, our Website and FAQ Pages are not intended for users under the age of 20.

  1. REVISIONS TO OUR DATA PROTECTION NOTICE

We reserve the right to change this Notice at any time. Any changes we make will be posted on this page. The date this Notice was last revised is identified at the top of the page.

  1. CONTACT INFORMATION & DATA CONTROLLER

If you have any questions or concerns about data.ai’s privacy practices or about this Notice, or would like to exercise your rights in relation to your Personal Information, you may:

data.ai inc. Legal Department

44 Montgomery Street, Third Floor

San Francisco, CA 94104 USA

data.ai’s Data Protection Officer may be contacted via e-mail (dpo@data.ai) or at the following address:

data.ai inc. Legal Department

ATTN: Data Protection Officer

44 Montgomery Street, Third Floor

San Francisco, CA 94104 USA

Phone: +1-844-277-2664

data.ai inc. is the entity responsible (data controller) for the processing of your Personal Information.