GOOD POSITIVE MOLE

Smart Switch & Data Transfer

Phone Clone and Data Transfer app

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Privacy Policy

Last updated: 27 February 2024

1. INTRODUCTION

1.1 We, Applications Good positive mole, Kyiv region, city of Irpin, 10 line, building 4, apt 2, 08203 (referred to as "we"), are the proprietors of Smart Switch & Data Transfer (referred to as "Application" or "App"). We prioritize safeguarding the information you share with us. Our commitment to data protection aligns with the principles outlined in the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA) for residents of California, USA.

2. DEFINITIONS

2.1. PERSONAL INFORMATION: Information pertaining to an identifiable living individual, derived either solely from such data or in conjunction with other data in our possession or likely to come into our possession.

2.2. AUTOMATIC DATA COLLECTION: Information gathered automatically through the use of the Application or obtained from the Application itself (such as IP address, device/system data, device ID, model, etc.).

2.3. GOOGLE ACCOUNT® INFORMATION: Information requested from you via Google to establish your personal Google account (including but not limited to name, phone number, address, etc.).

2.4. DATA CONTROLLER: An individual or legal entity responsible, either independently or jointly with others, for determining the purpose and means by which any personal data is or can be processed. In the context of this Privacy Notice, we serve as the Data Controller for your data.

2.5. DATA PROCESSOR (SERVICE PROVIDERS): Any natural or legal person handling data on behalf of the Data Controller. We may enlist various Service Providers to enhance the efficiency of processing your data.

2.6. DATA SUBJECT: Any living individual who is the subject of Personal Data.

2.7. USER: Any person utilizing our Application. The term "User" is synonymous with "Data Subject," referring to the individual who is the subject of Personal Data.

3. PURPOSES OF DATA COLLECTION

3.1. We collect your personal data for various purposes, including but not limited to:

3.1.1. Improving Our Service:

Enhancing and refining the functionality of our service.

3.1. 2. Communication with You as App User:

Engaging with you to address inquiries and provide support as a user of the App.

3.1.3. Marketing and Advertising:

Processing your data for marketing and advertising endeavors.

3.1.4. Providing Requested Information:

Furnishing information specifically requested by you as a user.

3.1.5. Specialized App Services:

Delivering services aligned with the specialization of the App, along with other specialized and secure actions.

3.2. Additionally, we utilize your data for the following purposes:

3.2.1. Safety and Security:

Implementing measures to ensure the safety and security of your information.

3.2.2. Customer Support:

Offering assistance and support to address your needs.

3.2.3. Compliance with Legal Obligations:

Adhering to legal requirements and obligations.

3.2.4. Accounting Requirements:

Fulfilling necessary accounting and financial obligations.

3.2.5. Software Development:

Contributing to the development and enhancement of our software.

3.3. The overarching objective of processing your data is to guarantee a comfortable and transparent user experience within the Application.

4. UTILIZATION OF PERSONAL DATA

4.1. We leverage your personal data to optimize the speed and efficiency of our Application. The specific ways in which we employ your data include:

4.1. 1. Effective Utilization of Application Functions:

Ensuring the efficient and complete utilization of all available functions within the Application.

4.1.2. Analytics:

Utilizing your data for analytical purposes to enhance our understanding of user behavior.

4.1. 3. Advertising and Marketing:

Employing data for targeted advertising, marketing initiatives, and personalized content delivery.

4.1. 4. Fraud Prevention, Security, and Legal Compliance:

Safeguarding against fraudulent activities, ensuring security, and complying with legal obligations.

4.1. 5. Personalization:

Tailoring your user experience within the Application for a personalized interaction.

4.2. We explicitly do not collect financial information (such as credit card details) or sensitive data. The Application does not access your user information from social networking sites, including but not limited to Facebook, Instagram, Pinterest, Twitter, etc. We refrain from collecting precise location information of your mobile device.

4.3. While we may seek access or permission to specific features of your mobile device, such as the camera, contacts, or reminders, we do not extract information from third parties, including personal details about your friends' accounts/contacts stored in your phone book.

4.4. The utilization of tracking technologies may occur for analyzing user interaction, gauging content popularity, and comprehending online activity. We may send push notifications for App updates and reminders; however, you have the option to opt-out by adjusting settings on your device.

4.5. Please note that at present, we do not respond to Do-Not-Track ("DNT") signals or similar mechanisms indicating your preference not to be tracked online. If industry standards change in the future, necessitating compliance with online tracking preferences, we commit to informing you through an updated version of this Privacy Notice.

5. LEGAL GROUNDS FOR DATA PROCESSING

5.1. We undertake a thorough examination of the data we collect and establish the legal basis for processing before initiating any procedures. Our commitment is to ensure that your personal data is processed lawfully, fairly, and transparently. The legal grounds we rely upon for collecting and managing your personal data include:

5.1.1. Contractual Agreement (Terms of Use):

Processing your personal data is essential for fulfilling our contractual obligations outlined in the Terms of Use governing your use of the Application.

5.1.2. Legitimate Interests:

We may process your personal data based on our legitimate interests, ensuring a balanced and justified approach that takes into account your rights and interests.

5.2. These legal grounds serve as the foundation for our data processing activities, demonstrating our dedication to handling your personal data with the utmost integrity and adherence to applicable laws and regulations.

6. CATEGORIES OF COLLECTED PERSONAL DATA

6.1. We categorize the personal data we collect based on the following purposes:

the purpose we process your personal data categories of personal data we use legal basis for the processing the term of storage
to provide you with access to our application - google account ® data

- automatically collected data as:

- access to camera, microphone

- photos/media/files

- location

- device or apps history

- wi-fi connection

- storage data
contract (terms of use) as long as our application is installed on your devices
safety and security - google account ® data legitimate interest as long as our application is installed on your devices
customer support - google account ® data

- automatically collected data
contract (terms of use) as long as our application is installed on your devices
communications on our behalf - google account ® data

- user’s details (email address, name, surname, etc.)
contract (terms of use) as long as our application is installed on your devices
marketing - automatically collected data legitimate interest as long as our application is installed on your devices
compliance with legal obligations - automatically collected data legitimate interest as long as our application is installed on your devices
research and development - automatically collected data legitimate interest as long as our application is installed on your devices

6.2. Please be aware that when accessing the App via your Google Account, Google may collect your personal data. For more details, kindly refer to the provided link. It's important to emphasize that we neither retain nor store such data on our servers.

6.3. To ensure the secure functioning of the Application and compliance with the law, we require your consent to grant you further access. We will not collect or process your Personal Data without obtaining your explicit consent. Your consent is implied through your continued use of our Application, signifying agreement with the terms and conditions outlined in this Policy.

7. SHARING AND DISCLOSURE OF YOUR DATA

7.1. We may share your personal data under specific circumstances, prioritizing safety, legal compliance, and adherence to applicable laws. Your data may be disclosed to third parties in the following instances:

7.1.1. Compliance with Legal Obligations:

We may disclose your personal data to comply with government requests, court orders, or applicable laws, or to defend against third-party claims.

7.1.2. Fraud Prevention, Security, and Legal Compliance:

Your data may be disclosed to assist in fraud prevention, investigations, and compliance with the Google Monetization and Ads policy.

7.1.3. Legal Requirements and Protection of Rights:

In situations where we believe the release of information is necessary to respond to legal processes, investigate potential policy violations, or safeguard the rights, property, and safety of others, we may share your information as allowed or required by applicable laws.

7.1.4. Third-Party Service Providers:

We may share your information with third parties that perform services on our behalf, such as payment processing, data analysis, email delivery, hosting, customer service, and marketing assistance. These entities are obligated to maintain the confidentiality of your Personal Data.

7.1.5. Marketing Communications (Advertisers and Third Parties):

Your information may be shared with advertisers or third parties in accordance with legal provisions, and they are required to adhere to this Privacy Notice.

7.1.6. Affiliates and Business Partners:

We may share your information with our affiliates and business partners, ensuring their compliance with this Privacy Notice.

7.1.7. Business Negotiations and Transfers:

While we never sell your personal data, it may be transferred to a successor entity in the event of a merger, consolidation, or corporate reorganization. This Privacy Notice, however, does not apply to information collected by any third party.

7.1.8. Third-Party Analytics Services:

We use Flurry (developed by Yahoo), AdMob, Appodeal, and Firebase for analytics and advertising in our application. Please review the respective privacy notices (Flurry, AdMob, Appodeal, Firebase) to understand their data practices.

7.2. It's crucial to note that our control over third-party content and links provided by advertisers is limited, and we disclaim responsibility for their content or any loss or damage resulting from their use. Users are advised to exercise caution when accessing external links. If you wish to discontinue communications from third parties, it is your responsibility to contact them directly. By using the App, you consent to the sharing of your Personal Data with advertisers. Withdrawal of consent is possible by removing the App from your device.

8. YOUR RIGHTS

8.1. You possess specific rights concerning your Personal Data. These rights include:

8.1.1. Objection to Processing:

You have the right to object to the processing of your information. Clearly state your objection, and we will assess your request. If there are no compelling interests that justify refusing your request, we will cease processing for the specified purposes. If we determine that our compelling interests outweigh your right to privacy, we will provide an explanation.

8.1.2. Access to Your Information:

You have the right to be informed about the personal data we process. You can request disclosure of the data involved in the processing and obtain a copy of the information undergoing processing.

8.1.3. Verification and Rectification:

If you identify inaccuracies or outdated information in our processing, you can verify the accuracy of your information and request updates or corrections.

8.1.4. Restriction of Processing:

In situations where you dispute the accuracy of your information, believe we process it unlawfully, or wish to object to the processing, you have the right to temporarily halt the processing of your information for verification. During this period, we will cease processing your data (except for storage) until we can provide evidence of its lawful processing.

8.1.5. Deletion of Personal Data:

If we are not obligated to retain data for legal compliance, and your data is not necessary for an active contract or claim, we will delete your information upon your request.

8.2. You can express such requests or pose further questions on data protection by contacting us at [email protected].

8.3. If you believe that our use of personal information infringes upon your rights or if you are dissatisfied with our response to your request, you reserve the right to file a complaint with the competent data protection authority of your choice.

9. HANDLING OF YOUR PERSONAL DATA

9.1. Security Measures:

9.1.1. Comprehensive Safeguards:

We employ industry-standard physical, electronic, and procedural safeguards to ensure the protection of the Personal Data we collect, process, and maintain. Data received is stored in encrypted form, accessible only to authorized employees and subcontractors who have previously entered into a Data Processing Agreement.

9.1.2. Reporting Security Concerns:

Should you harbor any doubts or have reason to believe that the security of your interaction with our Application is compromised, kindly notify us promptly. You can contact us via email at [email protected].

9.2. Retention of Your Personal Data:

9.2.1. Duration of Retention:

We retain your personal data as long as our Application is installed on your devices. However, we do not retain it for a period exceeding what is necessary to fulfill the purposes outlined in this Privacy Notice unless legal provisions mandate prolonged data storage.

9.3. By implementing these measures, we prioritize the security and responsible management of your Personal Data throughout its lifecycle.

10. MINORS POLICY

10.1. Age Restriction:

While our Application is accessible to both adults and children, we do not intentionally or knowingly collect or solicit Personal Data from individuals under the age of 13. If you believe or suspect that a minor has disclosed data to us, please contact us at [email protected]. If you are under 13 years old, please refrain from attempting to send any Personal Data about yourself to us. If we discover that we have collected personal data from a child under the age of 16, we will promptly delete that data.

10.2. Child-Friendly Application:

We ensure that our Application, designed to be accessible to children, is suitable for their use.

10.3. Declaration:

We affirm the following:

- We do not collect sensitive information and data related to children, such as microphone and camera sensor data.

- We do not transfer the user's location data to any third parties.

- We do not collect or transfer any user's sensitive personal data to a third party without obtaining prior consent for such transfer.

10.4. We are committed to maintaining a secure and responsible environment, particularly when it comes to managing the Personal Data of our users, including minors.

11. PRIVACY AND SUBSCRIPTION

11.1. We prioritize keeping you fully informed about our Subscription and Refund Policy, aligned with fundamental rules and principles established in the Google Policy. Periodically, you might receive notifications containing pricing terms and details related to our subscription offers or updates. For more comprehensive information, please refer to our Subscription and Refund Policy, accessible on the Terms of Use web page on https://nokutafura.com/bluetooth/terms.php and our official website.

12. UPDATING THIS PRIVACY NOTICE

12.1. As both applicable law and our practices may evolve, we reserve the right to update our Privacy Notice. In the event of any updates, we will publish the changes within our Application and on our Application Website. We highly recommend that you periodically review our Privacy Notice to stay informed about our practices and any changes that may have occurred. Your continued use of our Application signifies your acknowledgment and acceptance of any updates to this Privacy Notice.

13. FOR EUROPEAN RESIDENTS

13.1. In compliance with the provisions of the General Data Protection Regulations (GDPR), we follow established rules while collecting and processing the personal data of the Application's users. For your convenience, we encourage you to review the GDPR text by clicking.

13.2. To ensure adherence to GDPR requirements, we have appointed a dedicated service provider, LLC "STALIROV AND COMPANY," to serve as the Data Protection Officer (DPO). This entity fulfills all DPO obligations and functions as outlined in articles 36 and 97 of the GDPR, given the substantial amount of personal data we process. Periodic audits and evaluations are conducted on our system to ensure compliance with GDPR and relevant laws.

13.3. We have implemented reasonable technical and organizational security measures to safeguard the personal information we process. However, it's important to note that, despite our efforts, no electronic transmission or information storage technology can be guaranteed 100% secure. As a result, we cannot assure or guarantee immunity against unauthorized access, collection, theft, or modification of your information by hackers, cybercriminals, or other unauthorized third parties.

13.4. If you have any inquiries or concerns, you may contact our Data Protection Officer (DPO) via email at Kyiv region, city of Irpin, 10 line, building 4, apt 2, 08203.

14. FOR CALIFORNIA RESIDENTS

14.1. If you are a California resident, specific rights are granted to you concerning access to your personal information under the California Civil Code Section 1798.83, known as the "Shine The Light" law. This law permits California residents to request and obtain, once a year and free of charge, information about the categories of personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. Additionally, it provides the names and addresses of all third parties with which we shared personal information during that time. For your reference, you can review the text of the California Consumer Privacy Act (CCPA) by clicking.

14.2. If you are a California resident and wish to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have installed the App, you have the right to request removal of unwanted data that you publicly post on the App, if applicable. To request removal of such data, please contact us using the information provided below, including the email address associated with your account and a statement confirming your California residency. Please note that while we will ensure the data is not publicly displayed in the App, it may not be completely removed from all our systems, including backups.

14.3. CCPA Privacy Policy

14.3.1. The California Code of Regulations defines a "resident" as:

- Every individual in the State of California for other than a temporary or transitory purpose, and

- Every individual domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as "non-residents."

- If this definition of "resident" applies to you, certain rights and obligations regarding your personal information must be adhered to.

14.4. Will Your Information Be Shared?

14.4.1. We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. These service providers process information on our behalf, and each is a for-profit entity.

14.4.2. Your personal information may also be used for our business purposes, such as internal research for technological development and demonstration. This is not considered "selling" your personal information.

14.4.3. If you request the deletion of your personal information, we will comply with your request, subject to certain exceptions provided by law.

14.5. Right to be Informed — Request to Know

14.5.1. Depending on the circumstances, you have the right to know:

- Whether we collect and use your personal information.

- The categories of personal information we collect.

- The purposes for which the collected personal information is used.

- Whether we sell your personal information to third parties.

- The categories of personal information we disclosed for a business purpose.

- The categories of third parties to whom the personal information was disclosed for a business purpose.

- The business or commercial purpose for collecting personal information.

14.5.2. In accordance with applicable law, we are not obligated to provide or delete consumer information that is deidentified in response to a consumer request or to re-identify individual data to verify a consumer request.

14.6. Right to Non-Discrimination for the Exercise of Privacy Rights

14.6.1. We will not discriminate against you for exercising your privacy rights. Upon receiving your request, we will verify your identity through a verification process. This may involve asking you to provide information to match with our existing records or contacting you through a communication method you have previously provided.

14.7. Other Privacy Rights

14.7.1. You may object to the processing of your personal information, request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information. You can designate an authorized agent to make a request under the CCPA on your behalf.

14.8. If you have a complaint about how we handle your data, please contact us by email at [email protected], or by referring to the contact details at the bottom of this document.

15. CONTACT US FOR PRIVACY INQUIRIES

15.1. If you have any questions or concerns regarding our Privacy Notice, please feel free to reach out to us via email at [email protected]. We value your privacy, and we are committed to providing timely responses to your inquiries. Typically, you can expect a response to your request within 1 (one) month.

15.1.2. Your privacy is important to us, and we appreciate your trust in our commitment to transparent and responsible data practices.