Last Updated June 28, 2022
data.ai cares about the privacy of individuals who use our mobile application, Phone Guardian (“App”). You can also learn more about the App at our website https://phoneguardianapp.com.
As used herein, “data.ai” or “us/we/our”, refers to data.ai inc., a US company, acting by itself and/or through entities that are legally part of the data.ai family of companies (the “Related Companies”). Those Related Companies include, but are not limited to, data.ai Europe Limited, Mobidia Technology Inc., and Distimo BV See a list of Related Companies here: https://www.phoneguardianapp.com/related-companies.php. For more information about how data.ai processes your personal information when you visit our website at data.ai, please review https://www.data.ai/en/legal/privacy/.
Your use of the App is subject to this Policy and the Terms of Service accessible on the App. If any term of this Policy is unacceptable to you, please do not use the App and do not provide your personal information.
TABLE OF CONTENTS
1. How data.ai Collects Your Information
For the purpose of this Policy, “Personal Information” means any information relating to an identified or identifiable individual or, when applicable, legal entity. An identifiable individual or legal entity is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier. We obtain Personal Information relating to you from various sources described below.
Where applicable, we indicate whether and why the provision of your Personal Information is a statutory or contractual requirement, as well as the possible consequences of failing to do so.
i. Personal Information Provided Directly by You When You Engage With Us
If you contact us directly, such as to request information, access the App, or connect with Customer Support, we may receive additional Personal Information about you, such as your name, email address, the content, date and time of your message, and our reply. We also may receive Personal Information if you complete a survey, such as demographic information (e.g., age, gender) and any other Personal Information you choose to provide.
ii. Personal Information We Collect About You When You Use the App
Depending on the mobile device operating system you use (i.e., iOS or Android) and the choices you make when you open the App for the first time or at any later stage in the App’s Data Privacy Preferences, we collect the following Personal Information:
This App integrates several software development kits (“SDKs”) that contain a set of tools from third-party providers that allow us to use their existing framework to develop certain functionalities of this App. Please refer to Section 10 of this Policy for more details about the SDKs and the specific categories of Personal Information that these SDKs process, if you have consented to their use in the App’s Data Privacy Preferences.
2. How We Use Your Information
i. When You Use This App
Use of a Virtual Private Network (“VPN”) and Usage Access permission
This App uses a VPN (for iOS and Android devices) to collect information about your network connection. This information is used to detect any unencrypted network traffic and encrypt it by routing traffic through a secure server. We also use the Usage Access permission (for Android devices only) to collect information about how you use apps on your mobile device. This information is used to show which apps have made internet connections and have been encrypted by the VPN.
To provide you with customer service and helpdesk function when you contact us. We use a third party to facilitate customer service support on our behalf.
ii. When You Consent To The Processing of Your Personal Information
With your consent, data.ai will process your Personal Information for the purposes listed below. Your consent is voluntary and not a condition for using this App. You can withdraw your consent anytime in the Data Privacy Preferences in the App settings. Withdrawing your consent will not impact the legality of us having processed your Personal Information prior to you withdrawing your consent.
Market Research on Other Apps Usage
With your consent, part of the information we collect (as outlined below) through the VPN (iOS and Android) or Usage Access permission (Android) is used to conduct market research on mobile behavior. To understand how other apps are used and how popular they are, we collect and process information about your use of other apps—specifically, the frequency and length of time you spend on other apps, the websites you visit, and (Android only) when other apps are active—as well as your device-specific information (e.g., model, operating system and version number). Your approximate location (latitude and longitude of the center of the nearest city) helps us analyze such usage information on a geographical basis. We do not collect your precise location or GPS data.
Our market research typically aims at answering questions like the following:
Your consent also will allow us to store and gain access to unique identifiers on your mobile device, which are randomly generated when you install and reset this App.
App Crash Reporting
To identify and fix performance issues with this App, we process information about your mobile device (e.g., model, country location) as well as other tracking and performance data. You also consent to Google LLC storing and accessing this information on your device, including unique identifiers.
We use a third-party service to detect App crashes—Google LLC’s Firebase Crashlytics in the U.S. (see Section 10 of this Policy)—to process:
Firebase Crashlytics helps us to combine this information across different devices and operating systems to identify and fix problems with the App and to improve its performance. We do not combine Personal Information collected through Firebase Crashlytics with any other Personal Information we may have received from you for other purposes.
Your consent will allow us to disclose and process your Personal Information through Firebase Crashlytics. Your consent also will allow Firebase Crashlytics to store and gain access to unique identifiers on your mobile device.
User Tracking & Remote Configuration
To improve the user experience of the App and notify users about upcoming App changes, we process information about your mobile device (e.g., model, city and country location) and your interaction within our App.
You also consent to Leanplum Inc. and Google LLC storing and accessing information on your device, including unique identifiers.
To track how users generally interact with our App, identify problems we should fix, and determine which features we should support or remove, we use third-party tools—Leanplum Inc.’s solutions and certain of Google LLC’s Firebase services in the U.S. (see Section 10 of this Policy)—to process:
For example, we use user and device identifiers to assign users to particular groups and remotely test whether or not they use certain App features. We do not use this information to target users with ads or promotions.
These tools also allow us to notify users about upcoming App changes (e.g., to send in-app messages or show push notifications).
Your consent will allow us to disclose and process your Personal Information through Leanplum and the Firebase services we currently use. Your consent also will allow Leanplum and Firebase to store and gain access to unique identifiers on your mobile device.
Ad Attribution and Related User Analytics
To improve the ads we show our users, we process information about your mobile device (including unique identifiers), country location data, and how you interact with our ads and App. You also consent to AppsFlyer Ltd. storing and accessing this information on your device, including unique identifiers.
To determine the effectiveness of our own marketing campaigns and which marketing channels work best for us, we use a third-party tool—AppsFlyer Ltd.’s Measurement Suite and Marketing Analytics (“AppsFlyer”) in Israel (see Section 10 of this Policy)—to process:
For example, AppsFlyer helps us understand when a user has finished setting up this App and if a user remains active on this App after a certain number of days. However, we do not assign you a unique identifier and we will not combine Personal Information collected through AppsFlyer with any other Personal Information we may have received from you for other purposes.
Your consent will allow us to disclose and process your Personal Information through AppsFlyer. Your consent will also allow AppsFlyer to store and gain access to unique device identifiers on your mobile device.
3. How We Disclose Your Information
data.ai may share Personal Information with our Related Companies in the ordinary course of business and for the purposes of providing the services set forth in this Policy. See a list of our Related Companies here: [Insert hyperlink to separate page.]
Depending on the choices you make in the App’s Data Privacy Preferences, we share your Personal Information with third-party service providers (see Section 10 of this Policy). We also share your Personal Information with our data analytics service providers and customer-service support. We enter into confidentiality and data processing agreements with these providers to provide appropriate and suitable safeguards for their processing of your Personal Information. See a list of our service providers here: [Insert hyperlink to separate page.]
As Required by Law and Similar Disclosures
Subject to applicable local laws and regulations we disclose Personal Information we have about you: (i) if we are required to do so by law, regulation, or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to protect against or respond to physical, financial or other harm, injury, or loss to property; or (iv) in connection with an investigation of suspected or actual unlawful activity.
Merger, Sale, or Other Asset Transfers
Subject to possible restrictions under applicable local laws and regulations, data.ai may disclose your Personal Information to a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
If you have consented to market research on other apps usage, we will aggregate your Personal Information with other information. We will only share such information in an anonymized and aggregated manner with our Related Companies and for the purpose of providing data.ai services to third parties or publicly. We do not sell your Personal Information.
4. Transfers to Other Countries
The App is provided from the United States and other locations, and we may transfer your Personal Information to multiple countries throughout the world, including the United States, in accordance with applicable local laws and regulations. These countries may not have the same high level of protection as the data protection laws in the country from which you initially provided the information.
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. We also transfer Personal Information to countries for which an adequacy decision of the EU Commission or other regulatory agency exists.
See a list of our Related Companies and service providers, their locations as well as the transfer safeguards applied or whether an adequacy decision exits here: [Insert hyperlink to separate page.]
You may contact us as specified in “How to Contact Us” (see Section 12 of this Policy) to obtain a copy of the appropriate and suitable safeguards we use to transfer Personal Information outside of these countries.
5. Data Retention
Personal Information will be stored and kept as long as needed to carry out the purposes described in this Policy or as otherwise required by applicable law. Unless we are required or permitted by law to keep this information for a longer period of time, when this information is no longer necessary to carry out the purposes for which we process it, we will delete your Personal Information or keep it in a form that does not permit identifying you. When determining the retention period, we take into account various criteria, such as the type of services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment to use our App, the impact on the App functionality we provide if we delete some Personal Information from or about you, mandatory retention periods provided by law and the statute of limitations, and our use of your information for aggregated market research.
6. Our Commitment to Security
data.ai cares about the security of your information, and employs physical, technological and administrative measures to protect the information you submit via the App against loss, theft, and unauthorized access, use, disclosure or modification. For more information on the security measures taken by us, please contact us at the e-mail address provided in “How to Contact Us” (see Section 12 of this Policy). However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on the App may not be accessed, disclosed, altered or destroyed. Electronic communications sent to or from the App may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us. If you have reason to believe that your Personal Information is no longer secure, please notify us at the e-mail address provided in “How to Contact Us” (see Section 12 of this Policy).
7. Children’s Privacy
We do not knowingly collect, maintain, or use Personal Information from children under 16 years of age, and no part of the App is directed to children under the age of 16. If you learn that your child has provided us with Personal Information without your consent, then you may alert us at firstname.lastname@example.org. If we learn that we have collected any Personal Information from children under 16, then we will promptly take steps to delete such information.
8. Do Not Track
Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our App does not currently respond to such signals. If you want to restrict ads in general on your devices you may opt out from ad tracking by enabling “Limit Ad Tracking” or “Opt Out of Ads Personalization” (as applicable to your device) in your device settings.
9. Your Rights and Choices
i. Global Rights & Choices
We provide you with certain choices with respect to your Personal Information and where applicable, marketing activities, with respect to our App:
In addition, we provide all users with certain rights in connection with our processing of Personal Information through the App:
For erasure requests related to all of your Personal Information received by data.ai through the App, you can delete the App from your device. If you delete the App from your device, we will no longer receive any of your information including Personal Information, and we will no longer be able to identify you as a user of the App. If you would like to request any information about the erasure of Personal Information received through our Support channels please submit a request at email@example.com.
Please note that we have the right to reject, access, or erasure requests that are unduly burdensome or repetitive, or that cannot be honored in light of legal obligations or ongoing disputes, or where retention is necessary to enforce our agreements or protect our or another party’s rights, property, safety, or security, or other reasons under the law.
If you have any questions about exercising your rights, please contact us using the information listed in “How to Contact Us” (see Section 12 of this Policy).
ii. For Residents in the EU, EEA, Argentina, South Korea, United Kingdom, and Switzerland
In addition to the global rights above, the GDPR, or other applicable laws, provide you with additional rights regarding your Personal Information, as follows:
iii. For Residents of California
The California Consumer Privacy Act (“CCPA”), as amended from time to time, provides you with additional rights regarding your Personal Information.
Collection of Personal Information
In the preceding twelve (12) months, and as explained in Section 1 (How data.ai Collects Your Information) of this Policy, we may have collected from you or from your use of the App, categories of Personal Information as defined under the CCPA, which includes the following:
In the preceding twelve (12) months, we may have used and disclosed the categories of Personal Information from the sources described in Sections 2 and 3 of this Policy for business purposes, including:
We also may have used and disclosed the Personal Information we collect for commercial purposes to provide you with our App, as described in Sections 2 and 3 of this Policy above.
Disclosure of Personal Information
In the preceding twelve (12) months, we may have disclosed your Personal Information for a business purpose, including to the following categories of third parties:
Categories of Personal Information
Categories of Third Parties
Identifiers, such as your first and last name, address and e-mail address
Our Related Companies
Device-Specific Identifiers, such as your mobile device model, operating system, version number, web browser used, language and regional setting, carrier or network, time stamp and zone, device motion parameters
Our Related Companies
Protected Classifications, such as your gender and age
Our Related Companies
Internet or Other Similar Network Activity, such as your browsing history, search history, and information about your interaction with our Site
Our Related Companies
Our Related Companies
Inferences Drawn from Personal Information, such as a profile reflecting your preferences characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes
Our Related Companies
California Resident Privacy Rights
If you are a California resident, in addition to the rights described above under “Global Rights & Choices” above, you have the following rights:
Verification and Authorized Agent
To exercise your rights, please follow the instructions above and the contact information in “How to Contact Us” (see Section 12 of this Policy). 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 to verify your identity through the App. We also 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.
iv. For Residents in Japan
In addition to the global rights above, the Japan Personal information Protection Law provides you with additional rights regarding your Personal Information, as follows:
10. Third-Party Platforms
Our App relies on SDKs and related services provided by third parties listed below. Depending on the choices you make in the App’s Data Privacy Preferences, these SDKs will be activated or deactivated:
You can find more information on Privacy and Security in Firebase, including on the Personal Information processed by Firebase and the device information collected by Crashlytics, at https://firebase.google.com/support/privacy.
You can find more information on the Personal Information processed by Leanplum at https://docs.leanplum.com/reference/user-and-device-tracking.
We reserve the right to change this Policy at any time. We will post any amendments to this Policy on this page, and the revised version will be effective the date it is posted, which is identified at the top of the page. If we materially change the ways in which we process your Personal Information previously collected from you, we will notify you through our App or any other means. We encourage you to review the Policy, which may be updated from time to time. Your continued use of our App after such amendments will be deemed your acknowledgement of these changes to this Policy.
12. How to Contact Us
If you have any questions or concerns about data.ai’s privacy practices or about this Policy, 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 (firstname.lastname@example.org) or at the following address:
data.ai inc. Legal Department
ATTN: Data Protection Officer
44 Montgomery Street, Third Floor
San Francisco, CA 94104 USA
data.ai inc. is the entity responsible (data controller) for the processing of your Personal Information.