​Who is this Privacy Policy for?

Avosmart sp. z o.o. ("Avosmart.com" "Avosmart" "Company" or "We / we"), pays particular attention to the privacy of users of avosmart.com and app.avosmart.com (the "Website"). If you use the Website and the Avosmart app (versions for computers and mobile devices), the Privacy Policy is exactly what you need.

Defined terms

Personal data: all information about an identified or identifiable natural person. An identifiable natural person shall mean any person who can be identified directly or indirectly, in particular by means of an identifier such as first name, e-mail address, identification number, location data, online identifier.

Data processing: any operation or a set of operations carried out on personal data or with respect to files of personal data, whether with or without automated processes, such as collection, registration, organization, structure, maintenance, adaptation or modification, downloads, consultation, use, communication by e-mail, distribution or any other form of access, compilation or combination, restriction or destruction.

Personal data breach: any security breach that results in destruction, loss or accidental or unlawful alteration of personal data transmitted or otherwise processed, or unauthorized communication or access to such data.

User, Registered User: The person who has registered in Avosmart. They use the paid or free version of the application and access to the Account. Is over 18 years of age.

Protected User: A child who is under 18 years of age and remains under the User's parental authority.

Registration data: Information, data entered by the User during registration, creating an Account on the website https://app.avosmart.com/register (Your account).

User data: All information, data, reports, statistics, location, screenshots, collected, downloaded from protected Users' devices connected to the Account.

Account or your account: A location created during registration, where the User can add the Protected User profile and the Device. The account stores all reports, settings and restrictions entered by the User to control the Protected Device. The account can be administered via app.avosmart.com.

Device or Protected Device: chiId's device added in parent's Account that is protected, controlled and monitored from the moment when Avosmart app is installed and for the duration of the selected plan.

Plan: Free trial period or purchased, commercial, paid access to the service, which varies in price depending on the number of devices, duration, and available promotions.

Avosmart Service or Platform: Software developed by Avosmart, Avosmart App or Avosmart Lite App installed on a Protected Device, ensuring parental control and monitoring, compatible with the selected operating system, linked to the Account.

Functionality

Avosmart company having its registered office in the European Union, Poland, Krakow provides services for monitoring and controlling traffic (on mobile devices such as: tablet, smartphone, computer, laptop). It is a parental control platform that allows the parent to set the level and degree of monitoring the devices linked with the User Account (in accordance with the Regulations for the provision of services). This is to enable the protection and control of the use of these devices by protected Users, within the scope of applicable law and without violating the rights of other people. (including the basic Users' rights). These services also include the geolocation of the protected User (child).

We make every effort to honour your privacy. This Privacy Policy sets out our practices regarding the use of personal data collected and processed through our Services (in accordance with the Avosmart Terms of Service, part of which is this Privacy Policy).

Avosmart processes two types of personal data with regards to the Service:

1Registration data contained in the profile after registration on the website https://app.avosmart.com/register (Your account).
2. User data for which you are responsible (as data controller), collected, downloaded from protected devices connected to the account.

Your account and registration forms are used to manage payments, subscription plan and contact with you, including account activation, technical support, invoicing and sales.

Information about the Protected User and about the Device is processed on your behalf in order to provide parental control and monitoring services via Accounts.

The user shall be fully responsible for the setup and for the use of Accounts and for the processing of personal data associated with the account, which includes, inter alia, collection, storage and analysis of personal data from protected Users.

Avosmart automatically implements the configuration and the instructions provided by the User and the User shall be solely responsible for the configuration and for all settings of the Account. A User can change the configuration at its sole discretion and may decide to limit or to remove collected data.

By using Avosmart services, and in particular by providing your personal data when registering or contacting us for any reason, you must accept this Privacy Policy and consent to the collection, storage and communication of the production of personal data in accordance with the conditions set out in this policy, including for sending our electronic communications associated with the Service.

The privacy policy may be changed, as required, in order to adapt it to future legislative or jurisprudence changes. Each time we undertake to notify on the website about these changes.

Any changes to the personal data provided by you as well as their updating or deletion can be made by writing to the address: info@avosmart.com.

User data

Following the registration of an account on avosmart.com, we start to collect data from Devices associated with the Account, which may include personal data about you, Users Devices or third parties ("User data"), including information about your Devices, the websites viewed and applications used by Users of the device where the Avosmart application is installed, including: videos in the application or on YouTube, the time of using the application, websites, website addresses, location with an indication of the time of stay in a given place on the map and speed, current preview of the protected device live and for screenshots of activities on a protected device.

In accordance with applicable privacy laws, the User is the controller of the data collected on the device and designates us as the entity processing this Data for the purpose of proper provision of services.

You are the Controller of your User Data and you can access, delete, limit, rectify and request a copy of your data at any time. We will help you in accordance with the capabilities, functions of the service and the duration of the services and to reply to your every request.

Data Collection by Avosmart.com through the Service

The personal information about the users (hereinafter referred to as "data") that we may collect through the Services is as follows.

Registration data (your account)

Registration: During registration of the Account in Avosmart.com we will collect the following personal data: e-mail address, telephone number, first name, gender of the child. These details are mandatory, and if not provided, it will not be possible to create an account or Devices cannot be added and protected. The user shall be responsible for entering and using correct and true data.

Payments: Our payment provider „Stripe” collects certain payment data, which is processed in accordance with the terms of use and privacy policy and provided during the payment process. Stripe's privacy policy is available at: https://stripe.com/privacy

Internet forms: If you send us any e-mail via the contact form (Contact), we collect the data provided in the forms, including name and surname and e-mail address. The data provided are obligatory while sending the Internet form. In addition, we may collect other data, including screenshots, photos that you added to contact information. This data is used to process your request and contact you for further communication or technical support.

Data about your computer: Considering the Internet communication standards, when you visit our website, we automatically receive the URL of the page of your origin and the pages you viewed and the time of your visit within the avosmart.com and app.avosmart.com domains. We also receive the Internet Protocol ("IP") address of the computer and the type of browser used. We use the information to analyze general trends and to improve the service.

User data: We collect and process personal data regarding protected Users' Devices (as defined in the Terms of Use) on your behalf

Collection methods: We use a variety of methods to collect Account Data from and about you, including:

a) Direct interactions: You can provide us with your personal information by registering or contacting us. This includes personal data, which you provide by creating an account on our website, subscribing to our services, publications or sending us your opinion.
b) Automated technologies or interactions: When you interact with our website we may collect technical data about your device, browsed content activity such as IP address, system name and version operating mode, name and version of the web browser.

The use of Registration data collected by the company

We are responsible for the processing of Registration Data which are used only for the purchase of the subscription plan for the application and for communication with the User, as well as for the provision and management of the User's account and our Services provided to the User (as described in the Terms of Use).

The data are also used to measure and improve services and functionality and to provide technical support, user service, sending e-mail notifications, text messages, web push (notifications, reports and, with the marketing consent, information about new products, newsletters, marketing information, promotions) or communication in general about Services, products. We will use the Registration Data for these purposes.

We adhere to the Provisions of applicable laws and legal notices. Registered Users are also sent e-mail notifications about the Website's activities, maintenance works, activity reports from protected devices, etc.

Confidentiality. We handle your account data in strict confidence in accordance with applicable laws.

Contract terms

Below are the rules we follow when processing your account data:

Contract performance: data processing is necessary for the performance of our contract with you or for contact before concluding such an agreement.

Legitimate interest: we have a legitimate interest in processing your account data so that we can provide you with the best service and the best and safest solution. We do not use the user's Registration Data for the activities that don't involve our Services.

Legal or regulatory obligation: we may process your personal data if it is necessary to comply with legal or regulatory obligations to which we are subject.

Our communication takes place via e-mail or SMS and Webpush. When registering an account, consent is required, including the acceptance of the regulations and the privacy policy, along with a confirmation that the Protected User has been notified that his devices will be monitored. Additionally, the User may voluntarily consent to marketing communication. You have the right to withdraw your marketing consent at any time by contacting us at: info@avosmart.com or by clicking on unsubscribe link in email or in case of Webpush by disabling the consent to receive these notifications in the browser. It will not affect the processing of registration data in order to provide services until the account is suspended.

Storage of data: We store the collected registration data for 5 years from the plan's expiry date.

(a) performance of the contract with registered users.
(b) compliance with any legal, accounting or reporting requirements.

Your account

As part of your account we use:

1) YouTube Data API for presenting videos watched by the child on Youtube. Youtube's privacy policy in this regard is available at https://policies.google.com/privacy?hl=en-US

The information that is processed is: movie title, date and time of playing, icon, duration, movie graphics, link to the movie, name of the channel (author). Data acquired is stored by period of a maximum of 30 days.

2) ReCaptcha security, by processing the date and time of login or registration, IP address, in accordance with the policy available on the website: https://policies.google.com/privacy?hl=en

3) GoogleMaps in accordance with the privacy policy https://policies.google.com/technologies/location-data?hl=en-US

When logging in and registering, we save the date, time and the IP address of the User.

The User is responsible for the Data of the Protected User, which we process on his behalf as a data processor for the purpose of providing the Services, the User hereby declares that:

a) They comply with all applicable regulations regarding the control and inspection of equipment and devices used by users at home.
b) They are not in any of the situations described in the "Prohibitions" section of the Regulations.
c) They have appropriate consents from each data subject, whose personal data are provided to us requested in the course of providing the Service or collected and provided to us by the Avosmart application.

Indemnity

You agree to waive all claims against Avosmart, the Board of Directors and all employees. You waive your compensation for all of them losses, damages incurred in connection with the processing of User Data and other personal data of third parties transmitted to our systems during the use and provision of the Service. This also includes the deletion of data and personal data.

Datasecurity

We have adopted technical and organizational measures to preserve and protect your personal data against unauthorized use or access and against their alteration, loss or misuse, taking into account the state of the art, features information stored and the risks to which it is exposed.

We provide security measures to protect Registration Data and User Data. However, due to the nature of information and related technology, we cannot guarantee the security of your personal data and we expressly waive any such obligation. If we become aware of a security breach, we will try to notify you electronically so that you can take appropriate action.

User rights

Data registration: The user has rights under the provisions on the protection of personal data in relation to his data, account. The User has the right to:

1. Request access to your personal data (commonly referred to as "data subject's access request"). This allows for getting a copy of the personal data we hold about you and check that we process the data lawfully.

2. Rectify the personal information we hold about you. This allows for the rectification of incomplete or inaccurate data which we store, although it might be necessary to verify the accuracy of the new data that you provide to us.

3. Delete your personal data. You have the right to delete your personal data at any time. Including purpose please contact us by writing to the following address: info@avosmart.com

Limit the processing of your personal data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

(a) if you want us to prove the correctness, accuracy of data;
(b) if you have objected to our use of your data, but we need to check that we do not have overriding legitimate grounds for using the data.

In both of the above cases, the service will be suspended.

Trading Information

An integral part of our website is informing you about new options, configurations and service offer. By registering and selecting marketing consent, the user expressly agrees to receive electronic information business as required by applicable law, including notices, messages, offers and promotions. If, after registration, the User does not want to receive any messaging from this Service, the User may resign from it by sending a message to the following address: info@avosmart.com.

The consent

By sending a message via the contact form on avosmart.com and registering an account, the User declares that he has read and accepts the terms of this Policy. The user expresses and gives express consent to these terms and conditions:

Collection and processing of personal data by us in accordance with the indicated purposes and this Policy:

1Collecting and processing User Data on behalf of the User who created an account via registration.
2 . Processing of all personal data specified in this Policy.

Consent for collecting and processing personal data may be withdrawn, in accordance with the general regulation on the protection of personal data.

Processing data of a protected user

We process the data of a protected user at the request of the User as the "Data Administrator". This means that you are in control of this data: you determine what data is collected and how it is used for parental control purposes.

This description sets out the obligations of the parties in relation to the processing of User Data by avosmart.com on behalf and in accordance with the instructions of the User as the Data Administrator.

Processing details

Data Subject Categories

Users of protected devices that are monitored by the Avosmart application. Third parties who contact users of such devices.


Type of personal data

All data collected by such devices, including identification and contact details, activity data on the phone, computer, tablet, including websites viewed, applications used, behavioral data, location, screenshots, SMSs.

Purpose

To provide parental control and device monitoring services.

Term of the Agreement

60 days from the plan end date.

Use of protected user's data

As the Data Controller, the User guarantees that he has appropriate rights to process the Data of the Protected User and agrees to processing and use of the Data of the User protected in accordance with this Privacy Policy, Terms of Use and applicable law, and only for the clearly defined purposes of the Service. The User will not transfer any personal data to the Service that refer to persons over 18 years of age, with the exception of the names of contacts stored in the phone, information received and sent via SMS, information on selected and received phone calls (telephone number and if it is available on the contact list) and electronic communication visible on the screenshots.

You may also access copies of User Data collected by us on your behalf through the Service. The user shall protect the confidentiality of all available User Data and will prevent access or disclosure to unauthorized third parties.

You will notify us within 24 hours of any issues relating to the management of your avosmart account.com and / or User Data. You will be responsible for any illegal use of personal data collected through the Service, including use that is inconsistent with applicable data protection laws and / or that violates this Privacy Policy.

Service setup

Avosmart services (as defined in the Terms of Use) provide a device monitoring and control service, as described in the Terms of Use. As part of the same services, they can be collected and uploaded to the server Avosmart.com a significant amount of Protected User Data, including data on Protected Users and the use of Devices, URLs, videos viewed on Youtube, activity time on websites and installed applications on the device, location, sending all screenshots taken on a protected device, live view from the device.

You are responsible for setting the configuration, settings of the Avosmart Account that controls the Service, supervision and monitor measures and specifies the personal data to be covered. The installation of the Software, Avosmart Application on a Protected Device and the configuration of the User Account constitute the basis for us to process User Data on his behalf. in order to provide the Service. The level and degree of such supervision and monitoring is entirely under your control and is not responsible for it. The User is responsible for all such Protected User Data, and Avosmart processes the data in accordance with this Privacy Policy.

Data deletion

Data Registration are stored for 5 years from the expiry of the Plan. User data is automatically deleted within a maximum of 60 days from its creation, with the retention period. Usually, the data usage is between 7 and 30 days.

To delete all user data from your Avosmart account, please uninstall the Avosmart app from all Devices from your device and send an email: info@avosmart.com along with your account email address, you can request additional information for the sole purpose of confirming your identity.

Upon confirmation of identity, we will promptly delete all Data from our active systems within fifteen (15) days of confirmation of identity.

Compliance with data protection regulations

Each Party complies with all applicable privacy and data protection laws, including (without limitation) the EU Data Protection Directive (95/46 / EC) of May 25, 2018,

Rights and obligations of the User as data controller, service configuration

Pursuant to applicable laws, the User:

a) shall inform and obtain from protected Users all necessary consents to the processing of their personal data.
b) shall implement appropriate technical and organization measures to ensure and be able to demonstrate that the data processing is carried out in accordance with applicable law.
c) shall react to the rights of protected Users established by the applicable law on the protection of personal data.

Subcontracting

Avosmart.com may subcontract its obligations and / or disclose User Data, Registration Data to external service providers without the User's further consent. For this purpose, the user hereby expressly consents to subcontracting by Avosmart.com entities indicated in the Privacy Policy. Avosmart.com shall create a list of subcontractors and further or replacement subcontractors will be informed Users who can request the list at any time to: info@avosmart.com

Breach of personal data security

If there is an instruction from the competent supervisory authority, the development of national legislation or a delegated act, in the event of a breach of the security of personal data, the User and / or Avosmart will notify the competent the supervisory authority of such a breach without undue delay and, if possible, no later than seventy-two (72) hours after the event.

Termination and expiration of the contract

In the event of termination or expiration of the provision of services between the User and Avosmart on the basis of the Terms of Use, the latter will not store the User's data for more than 60 days after the end of the service.

Summary

In summary, we may collect your personal data and then further process it for the purposes of:

a) athe worth and performance of the contract for the sale of our services (and therefore also for accounting purposes);
b) protection against possible claims under the sales contract and in order to exercise the rights under the warranty;
c) responding to your technical or sales-related inquiries (if you called or wrote to us with a question about the offer and / or asked to prepare an offer);
d) marketing of own services (if you are our User, we can process your data for marketing purposes as part of the so-called legitimate interest, on the same basis we use remarketing tools based on cookies, in other cases our marketing activity is based on your consent);
e) sending a newsletter, SMS - if you have given your consent or if it concerns information related to the service we offer.
f) sending reports on Avosmart activity / statistics via e-mail if this option is enabled under the Account.

Your data is also collected to display the so-called web push. In this case, you will be asked for additional consent, which is displayed by the internet browser. The user has the option to accept or block notifications. You can withdraw your consent to Webpush notifications at any time in your browser settings.

 

Cookie Policy


  1. When you browse our website - avosmart.com or app.avosmart.com, we automatically collect some of your data. These data are collected by the so-called cookies ("Cookies").
  2. Cookies are files sent to your computer or other device while browsing the Website.
  3. Cookies allow the user to log into the website https://app.avosmart.com to change the settings of Accounts, in order to view the activity of Protected Users, change plan settings.
  4. Cookies do not make any modifications or changes to the settings of the device or software that has been installed on your device.
  5. Typically Cookies can be removed from the browser by the "delete history" option and selecting cookies with the check box or by blocking the possibility of downloading cookies in the browser.
  6. We would like to inform you that your use of strony avosmart.com or app.avosmart.com without changing your browser settings, you consent to our use of cookies. A corresponding message in that respect is displayed automatically every time a given user visits avosmart.com and app.avosmart.com for the first time. Blocking cookies or deleting them will result in no access to the service.

The data collected automatically using cookies will be used by us for:

a) analysis of user behavior on avosmart.com and app.avosmart.com
b) collecting demographic and analytical data about users

What other technologies do we use to monitor website activities?

Google Analytics and other techniques for analyzing website statistics (cookies)

1. Google Analytics uses "cookies" technology to analyze traffic sources and the manner in which visitors use the avosmart.com website.

2. Google collects on its servers the data obtained from placing cookies on devices and benefits from the use of this information to compile reports and provide other services related to Internet traffic and use. https://policies.google.com/privacy?hl=en

3. Google may also transfer this information to third parties where required by law, or in case of such third parties processing the information on Google's behalf.

4. These data are only material for statistical analysis and correlation mechanisms posting system errors, and therefore the data from cookies is in no way combined with other data that you provide to us.

5. Using by Avosmart Google Analytics tools do not process your personal data.

Google AdWords and other behavioral advertising systems (cookies)

1. Google AdWords uses the technology of "cookies", i.e. text files placed on your device, in order to remember which websites have been visited from your device.

2. Google collects on its own servers, data obtained from placing cookies on devices and uses this information to display advertisements on other websites you visit.

3. We, as advertisers using Google services, do not have access to cookie data files stored on your device, but we can commission advertisements to selected recipients, e.g. to all people who visited our website in the last 7 days.

4. Google may also transfer this information to third parties where required by law, or in case of such third parties processing the information on Google's behalf.

5. These data are only statistical material for us, and we order advertising only on the basis of collective criteria (up to specific target groups, and not to a specific user), so the data from cookies is in no way combined with other data that you provide to us.

6. Our use of the Google Adwords tool does not constitute processing of your personal data.

Facebook conversion pixel

1. On avosmart.com and app.avosmart.com the so-called "Facebook conversion pixel" to be managed by us with Facebook ads and remarketing activities.

2. The pixel is designed to track user visits moving on the Website. Thus we can commission ads on Facebook targeted at those people who were on avosmart.com or app.avosmart.com on individual subpages of the website (remarketing).

3. Then Facebook only provides statistical data on the effectiveness of advertisements, without reference to specific individuals.

4. If you have an account on Facebook, we encourage you to read the information about the privacy rules on this website at: https://www.facebook.com/about/privacy and: https://www.facebook.com/about/basics/advertising

Analyzing user sessions

1. We also use the Hotjar analytical tool (https://www.hotjar.com/legal/policies/privacy) which allows us to anonymously analyze user traffic on avosmart.com and app.avosmart.com.

2. Avosmart may collect data in addition to cookies usually collected by internet system administrators as part of the so-called logs or log files. Information featured in logs may include Your IP address, type of platform and web browser, internet provider and website address, z where you entered avosmart.com or app.avosmart.com

Marketing automation Ipresso system
Avosmart can send messages (E-mail, Webpush, SMS) to people who give their consent or if it results from the execution of the ordered services using Marketing automation tools provided by iPresso (Encja.com SA, ul. Ceglana 4, 40-514 Katowice, Poland) on the terms specified in: https://ipresso.com/others/privacy-policy.

Reservations regarding data processing

1. Please be advised that we will collect IP addresses of users visiting the Avosmart.com website, app.Avosmart.com, which may help us diagnose technical problems with the program, mobile application, websites and internet, server or creating statistical analyzes (e.g. from which region we get the most visits).
2. The data obtained in this way may be used to administer and improve the Avosmart service.

Final provisions

  1. The rules set out in the Policy Privacy is governed by Polish law.
  2. You can always lodge a complaint about our handling of your data . The complaint is submitted to the President of the Personal Data Protection Office.
  3. This Privacy Policy shall enter into force on 01/11/2021.