I. GENERAL PROVISIONS
II. DATA ADMINISTRATOR
The administrator of personal data collected via the Application remains[WATCHOUTAI Sp. z o.o.] with its registered office in [Cracow] [Smoleńsk 23/2, 31-108 Cracow, Poland] street, entered in the English register of entrepreneurs under the number 13189449] (referred too: ,,Administrator” or ,,Service Provider”);
Personal data shall be processed in accordance with applicable law, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repeal Directive 95/46 / EC and the British Data Protection Act - Data Protect Act 2018. .
The Administrator takes special care to protect the interests of data subjects, and in particular ensures that the data collected by the Service Provider are:
processed in accordance with the law;
collected for specified lawful purposes and not subjected to further processing that would be contrary to these purposes
adequate in relation to the purposes for which they are processed and stored in a form that allows the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing.
The Administrator ensures that he takes proper care to protect the privacy and confidentiality of Application Users 'data, and that he applies all necessary technical and organisational measures that are supposed to ensure due protection of Application Users' data.
Data Protection Inspector [Oliwer Kotecki] can be contacted via the following email address: [[email protected]].
In order to gain full access to the content and services offered through the Application, one must register by filling out the registration form. Providing data by the User is voluntary, but failure to provide certain data may stop the registration process and interfere with the full access services of the Application, obtaining answers to questions, as well as receiving the newsletter. However at the same time providing the data remains fully voluntary. The Company also warns against providing false, incorrect or outdated information as it may limit the Application's capabilities in the provision of services.
III. PURPOSE AND SCOPE OF PROCESSING DATA
The personal data of the Application Users is collected by the Administrator and used for the purpose of:
concluding and performing the Agreement under the conditions specified in the Regulations, including the provision of content and services to Users;
contacting the Application User, especially for the purpose of reporting current road situation, which includes information on road traffic intensity, traffic jams, road accidents, speed checks carried out by uniformed services, license plate numbers of unmarked Police vehicles, speed cameras, as well as providing answers for the questions asked by the User related to the Application and its functioning, and for the purpose of forwarding the reports on road checks, road incidents, speed cameras to other Application Users ;
marketing purposes, including, in particular, sending commercial information via the newsletter, provided that the Application User has previously agreed to receive the newsletter
in order to fulfil the legally binding obligation responsibility of the Administrator;
improvement of the quality of services provided by the Company;
support in handling requests and complaints;;
providing information on updates, notifications, announcements, Users' requests and additional information directly related to the provision of services (including push notifications, e-mail address and SMS);
detection of fraud and other illegal activities;
detection and prevent from fraud, misappropriation, violations, identity theft and other illegal activities and misuse of the Services;
reacting in the event of failure and malfunction of the Application;
improvement of the security and reliability of the Services.
Administrator processes the following data:
Image (only if User published own image in the Application)
Detailed information about location, travel and route of the User. Location and route information is collected, among others in the form of GPS signals (in conjunction with a timestamp), IP address and other information from sensors and receivers in the Mobile Device or its vicinity on which the Application is installed and activated. Location and route information is recorded in the route history of all journeys made while using the Application;
Opinions and interactions with content and advertisements displayed while using the Application;
User's activity on third party websites and applications that the user has decided to connect to the User Account while setting it up or with which User interacts via the Application;
The frequency of use of the Application and for what period of time it is used, type of Mobile Device, unique identifiers, type and version of the operating system, battery consumption, websites or third party applications that the user visits or uses or with which the user interacts via the Application, information, which the User has viewed on our Services, the advertisements that are displayed to the User or that the User is viewing, the use of third party applications / services through the Application to communicate with third parties and the duration of such communication, Internet Protocol (IP) address and name domains, as well as the geographic location of the device that the User uses to log in and use the Application;
Information on the interaction about the User's Mobile Devices with the services provided by the Application, including reports on failures, system activity and date, time and URL address of the link to any reports;
Data from public space which are contained in the recordings and photos from the routes traveled by the Users;
Registration and logging in to the Application is also possible via another verification and authentication platform, i.e. through a Google, Apple or Facebook account. In such a case, the Application receives Users' data necessary for registration and logging in from entities providing this kind of service. In this case, the application receives: name and surname, e-mail address and profile photo of such User.
The Administrator is allowed to entrust the data of the Application Users:
State authorities or other entities authorized to such access on the basis of legal provisions, in particular when it is necessary to ensure the security of the Application or the rights of other Users;
Entities providing IT services to the Administrator;
Entities providing legal services to the Administrator;
Entities providing marketing and advisory services to the Administrator;
Some Application Service Providers may store data outside of the European Economic Area. In this case, before the data is transferred, the Administrator ensures that the recipient of the data has an appropriate level of protection (e.g. based on a decision of the EU Commission stating an adequate level of protection or by agreeing with the recipient of the so-called European Union standard contractual clauses).
The User may agree to receive the newsletter through the account in the Application. The User is allowed to at any time resign from receiving the newsletter by changing the settings on his User's account.
By using the Application, the User consents to the collection and use of data on the location of the User's device. This allows the provision of services. The User may at any time resign from the Application's ability to determine its location by changing the settings in his User Account.
Pursuant to § 3 sec. 6 of the Regulations, in order to ensure the best functionality of WatchOUT and in order to efficiently and quickly inform about road incidents (regardless of notifications made by Users), the Application (if the User agrees to use the camera) automatically takes photos of the area on which the User is moving using from a shared recording of the route traveled by the User in order to take photos of road reports. These photos are not available to other Users, nor are they made available to the public in any other way - they are only used by the Company to post additional information about road incidents and vehicles not marked in WATCH OUT, if they are detected on the photos taken. All elements contained in the photos taken, constituting personal data, including in particular images of people, as well as photographed private areas, will be blurred in a way that prevents identification. The above does not apply to license plates, both unmarked and marked, of Police vehicles, which constitute publicly available information. At the same time, all photos taken in this way, regardless of the retouching made, will be deleted, without making any backups, after 7 days from the date they were taken. The basis for data processing in this case remains the legitimate purpose pursued by the Company (Article 6 (1) (7) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to data processing personal data and on the free movement of such data and repealing Directive 95/46 / EC).
WatchOUT has a function that allows the User to make a recording of the traveled route (only image, no sound). The recording made by the User remains available only to the User and the Company, without the possibility of being viewed by other Users and is saved only in the User's phone memory and, for a short time, on the Company's server.
IV. USER’S RIGHTS
The Application User has the following rights in relation to his personal data:
The right to access own personal data, correct them, supplement them, update them. The registered User is able to at any time perform the indicated activities through his User's account in the Application;
Submitting a request for the Administrator to confirm what User's data is being processed and requesting a copy of this data, while at any time a registered User has access to personal data that is accessible for the Administrator through his User account in the Application;
The right to delete own personal data;
The right to temporarily suspend the processing of User's data;
The right to limit the scope of data processing;
The right to request the transfer of personal data;
The right to object to the processing of personal data;
The User has the right to lodge a complaint with the supervisory body - The Information Commissioner's Office, if he considers that the processing of his personal data violates generally applicable provisions.
The User has the right to adjust their privacy settings in the Application and to choose what personal data may be collected about the User and the manner in which the data will be used.
The User is fully responsible for any use or misuse of his Account and personal data collected there, resulting from the transfer of login data to a third party. The company adheres to the obligation to keep the login details strictly confidential and not to disclose them to other persons. The password should be changed frequently, at least once every six months.
V. OKRES PRZECHOWYWANIA DANYCH
The administrator stores the data only as long as it is necessary to achieve the purposes for which the data was collected in the first place.
If the data processing is based on the consent expressed by the User, the Administrator stores the data until the consent is withdrawn
Personal data may be stored longer, if such an obligation results from legal provisions or it is necessary for the Administrator's defence or pursuit of claims against Users .
VI. AUTOMATIC DATA STORAGE MECHANISMS
The Application uses automatic data storage mechanisms, the so-called "Cookies". These are files saved on the User's Mobile Device, used to identify the User while using the Application. Lack of changes on the User's Side is tantamount to consenting to their use.
The use of "Cookies" is necessary for the proper provision of services within the Application.
The Application uses the following types of "Cookies".
Session "cookies" are automatically deleted from the hard drive after the session ends (after logging out or closing the browser window).
Permanent "cookies" are stored on the Application User's end device for the time specified in the parameters of "Cookies" or until they are deleted by the User
Analytical "cookies" enable a better understanding of the interaction of the Application User, including information on how the User uses the Application, the number of visits, and the time of the visit. Analytical files do not record specific personal data of the User, but are used to develop statistics. In the case of "analytical cookies", the Application uses Google Analytics, Firebase and Facebook Ads to analyze the use of the Application by the User. These tools collect statistical data and other information about the way the website is used, using for this purpose "Cookies" that are stored in the application and the User's browser. The information collected in this way is used to create reports on the use of the Application. More information on Google Analytics and Facebook Add can be found in the privacy policies published by the indicated entities at the addresses: http://www.google.com/privacypolicy.html and https://pl-pl.facebook.com/privacy/explanation.
Third parties to display advertisements in the Application and service providers that provide services to the Administrator for the functioning of the Application, may use their own "Cookies.
The user is able at any time to disable the service of accepting "cookies" in his browser, however, the effect of such a change may cause difficulties related to the handling of services provided through the Application. Saved "Cookies" can also be deleted by the User with the use of the appropriate functions of the web browser, programs created for this purpose or tools available within the operating program used by the User .
Before using the Application, it is recommended to get accustomed with the management of the privacy / security functions placed in the browser menu used by the User and to configure them according to the User's preferences.
Access to WatchOUT is possible only through the Application that the User can install on the Mobile Device.
If the Application is installed on the User's Mobile Device, the Application ID will be stored until the Application is removed. The Application Identifier and information about the brand, model and serial number of the Mobile Device are sent to the Company in the process of registering the Mobile Device in the Application and are used to uniquely identify the Application and the Mobile Device.
Each User is able to uninstall the Application at any time, which will be carried out in a manner appropriate for the given version of the operating system installed on the Mobile Device. In order to uninstall, the User should follow the instructions prepared by the manufacturer of the operating system.
VIII. PROCESSING OF DATA OF PERSONS UNDER 16 YEARS OF AGE
The Application Services are not intended for persons under the age of 16 (sixteen).
If the Administrator learns about the processing of personal data of persons under 16 (sixteen), the data will be immediately deleted.
IX. FINAL PROVISIONS
The administrator uses technical and organizational measures to ensure the protection of the processed personal data appropriate to the threats and categories of data protected, and in particular, protects the data against unauthorized disclosure, removal by an unauthorized person, processing in violation of applicable regulations and possible change, loss, damage or destruction.
The Service Provider provides appropriate technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorised individuals .