PRIVACY POLICY

The last update of this Privacy Policy is 16 October, 2023.

This Privacy Policy describes the privacy practices for the Website spyx.com (hereinafter "Website" if singular, or, "Websites") operated by SpyX s.r.o. (hereinafter “we”, “us”, “our”, “SpyX”, “Company”) and how the Website, operated by Company, collect and use the personal data you provide on the Website, with the purpose to use SpyX Software and Services (hereinafter referred to as the “SpyX Services”). It also describes the choices available to you regarding our use of your personal information and how you can access, update and delete this information.

The use of the Website is possible without any indication of personal data; however, if a user wants to use SpyX Services via our Website, collecting and processing of personal data could become necessary. If the processing of personal data is necessary, we generally obtain consent from the user as a data subject, except cases when personal data processing is available under other grounds (legitimate interests, contract executing etc.).

The processing of personal data, such as the name, address, e-mail address, telephone number or billing information of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Company. By means of this Privacy Policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects (users) are informed, by means of this Privacy Policy, of the rights to which they are entitled.

This Privacy Policy is an integral part of the Terms of Use.

As the controller, Company has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Website.

In this Privacy Policy SpyX s.r.o. as the Controller of personal data.

DEFINITIONS

Personal data means any information relating to an identified or identifiable natural person (“data subject/user”). An identifiable natural person 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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject/user is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; a user of the SpyX Services.

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject/user without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Encryption is a security protection measure for personal data; as a form of cryptography, it is a process whereby personal data gets turned into an encoded and unintelligible version, using encryption algorithms and an encryption key, and whereby a decryption key or code enables users to decode it again.

Consent of the data subject/user is any freely given, specific, informed and unambiguous indication of the data subject/user`s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the ukropean Union and other provisions related to data protection is SpyX s.r.o.

PERSONAL DATA COLLECTION AND USE

Anyone can access our Website without necessity to provide its personal data.

The purpose of processing your personal data by the Company and collection of information about you are as follows (the “Purpose”):

• Your intention to use SpyX Services;
• In order for SpyX to provide the user with the ordered and purchased SpyX Services;
• For the performance of a contract to which the user is party, in accordance with GDPR and the collected data are necessary in order for SpyX to identify and bill the user and to charge its bank card number;
• For verifying your identity and providing customer care service and assistance;
• Analyze your use of our Website and SpyX Services to better understand how they are being used so we can improve our Services and the user experience, and engage and retain users.

We may use your Personal data to: (a) improve your browsing experience by personalizing the Website and to improve the SpyX Services; (b) send information to you by email regarding registration status, password verification, payment confirmation; (c) send you communications relating to your use of the SpyX Services, and (d) provide our partners with statistical information about our users by secured channels under data processing agreements (DPA); send you marketing and promotional materials and messages.

As you are willing to use SpyX Services you are required to provide your personal data (to register an account and purchase a software and/or services), thus becoming a user of SpyX Services.

With this Purpose we collect and process two types of information:

(1) aggregate (meaning collective data that relates to a group or category of customers) tracking and Website usage information that we gather automatically as you access our Website, as (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Website (so-called referrers), (4) the date and time of access to the Website, (6) the Internet service provider of the accessing system, (7) data provided by Google Analytics, Facebook pixels, Adwords pixels, Google Tech Manger, Zendesk and Zopim systems, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Website correctly, (2) optimize the content of our Website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and Website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject (depersonalization), and (2) personal data that you supply voluntarily subject to your consent when you place an order for any subscription plan of SpyX Services.

Please be aware that you are not obliged to provide us with your personal data. However, if you do not provide us with your name and email address, you may not be able to create an account to log into and make a purchase of SpyX Services, consequently, to use these Services.

The lawful basis for personal data processing are:

(i) consent;

(ii) performance of a contract;

(iii) legitimate interests.

Data subject categories. We process personal data of the following data subject categories: Website users; Service users; SpyX Software users. Target devices users ARE NOT defined as data subjects, because these individuals cannot be identified or are identifiable natural persons based on information, which may be collected or collects from target devices in encrypted form.

SCOPE AND CATEGORIES OF PERSONAL DATA

We strive to be compliant with GDPR and implemented data minimization principles. The personal data that we collect, as defined above, consists of:

(i) full name (first and last);

(ii) email address, providing the data subject with the ability to register an account and become a user of SpyX Services with the purpose to use the SpyX Software correspondingly;

(iii) IP address – assigned by the Internet service provider (ISP) and used by the data subject/user;

(iv) location data – for statistical purposes to understand the area of user engagement;

(v) phone numbers.

The storage of this data takes place against the background that this is the only way to prevent the misuse of SpyX Services, and, if necessary, to make it possible to investigate committed offenses.

We do not collect or store data related to government, military, or other sensitive sectors.

The personal data are not transferred to third parties, except events, when it’s necessary with an aim to provide SpyX Services and/or there is a lawful obligation to transfer these data under request of government authorities and/or the transferring is executed in respect of criminal proceedings.

The personal data is stored separately in our data base to avoid data subject identification by using depersonalization features in compliance with GDPR storage limitation principle.

We do not authorize the use of your personal data by any third party (only under exceptional conditions as described under "Legal Matters" below). We operate and maintain a variety of online security measures to safeguard and keep your personal information private and secured.

When you purchase SpyX Software you have to fill the User’s Information, which should contain your personal information as ID (first name, last name) and email, which is processed and stored by us.

You also have to fill the Billing Information and Payment Method, which should contain your Personal data, which is partly processed by us and processed by the payment providers.

Based upon the personal data you provide us at registration of an account, we may send you a welcoming e-mail to verify your login and password.

You may enter to your account on our Website under login and password sent to your email. All your activity in your account is password-protected, and you should keep and take all necessary measures to protect the secrecy of your password.

We will also communicate with you in response to your inquiries, regarding any information or services you request.

Our Website contains information that enables a quick electronic contact to us, as well as direct communication with us, which also includes a general address of e-mail address. If a user contacts us by e-mail or via a contact form, the personal data transmitted by this user is automatically stored. We will communicate with you by e-mail or other method chosen by you (including but not limited by telephone).

In some cases, we may collect your phone numbers to be able to properly issue you a refund. Our customer support specialists may request your phone number via live chat or email. We have the right to verify the provided phone number by calling you or sending an SMS. We can also call or send you an SMS with a notification that your refund was confirmed and will be processed shortly.

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that are related to the SpyX Services.

Based on your separate consent, we may send you the following marketing emails:

(i) Product Updates (info about new version releases, about new features, or about some issue, or requests to help us make our product better by taking the survey);

(ii) SpyX Tips and Tricks (e.g. Getting started emails, how to get the most out of SpyX Services, educational content);

(iii) Exclusive Deals (e.g Black Friday or New Year promo, some discounts, upsells and cross-sells);

(iv) Newsletters (e.g. announcement about news in our niche. somethings that might be important to know for our customers);

(v) SpyX Digest (e.g. once a month we send email to all user base where we include info about the company, some most popular blog posts, customer reviews, etc);

(vi) Activation Reminders (e.g. welcome email schema for users who registered but did not buy).

With this regard, you are required to consent separately within your account for each communication. You may always opt-out (unsubscribe) from any communication in your account (except operational and/or non-marketing notification as following: payment acceptance, payment notification, necessary updates notification, refunds issue etc.).

As you use our SpyX Services, you may import into your account information you have collected from target devices. All this information is stored in encrypted way on SpyX servers with using of the last encryption and protection technologies and standards. Downloaded information by a user to its device or browser is not encrypted and user is solely responsible for securing it. We have no direct relationship with any person other than you, except cases when you are the target device user, and for that reason, you are responsible for making sure you have the legal access to a target device.

If you use a computer in a public place or share a computer with others, remember to log out/sign out and close your browser window when you finish accessing our Website and SpyX Services in order to prevent others from accessing your personal information. You are solely responsible for the control and use of each password you create.

Third-parties’ products: If you ordered third-parties’ products on the Website, you have to know, that we don’t collect and store your personal data, which may be stored and collected by such products and SpyX doesn’t take any part in storing and processing of your personal data, except cases, as subscribed below. If you have any questions on privacy matters in context of third-parties’ products using, you should request to appropriate providers. SpyX may collects, stores and processes personal data, which are related to third-parties’ products purchasing on the Website. In this case we are a Data controller and may process such categories of your personal data: full name; the last four digits of your credit/debit card, which you used, when made a payment on the checkout page; name of the third-party product; email; payment date.

We reserve the right to transfer mentioned above data to third-parties, which are providers of purchased products with the aim to execution our obligation, provided by agreement with a provider.

Payment information We implemented all necessary measures and standards in an area of payment security for SpyX Services. Our website is satisfied to PCI DSS and other requirements. We cooperate with different payment service providers and before our cooperation we check them according to our policies for the availability of licenses and other permits for the acquirer transactions. Within a payment execution you provide the following information to the payment service provider: (i) credit/debit card number; (ii) expiration date of credit/debit card; (iii) you full name; (iv) your e-mail. This information is collected and stored by the payment service provider.

Data that we collect automatically. We also collect and store information that is generated automatically as you navigate through our Website to enhance your experience on our Website by using tracking technologies such as Cookies, Log Files and Pixel tags. As you navigate our Website(s) information that we automatically collect is information in "log files" about your device’s connection to the Internet, length of time spent on the Website, and the pages accessed during each visit to the Website. We use this information to analyze trends, administer the Website, track user movement on the Website, and gather broad statistical information for aggregate use.

Our Website uses cookies. Cookies are text files that are stored in a computer system via an Internet browser. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Website, Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Website where you have entered preference information before. Cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind.

The data subject may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of Cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of Cookies in the Internet browser used, not all functions of our website may be entirely usable.

If you do not wish to receive Cookies you may be able to refuse them by adjusting your browser settings to reject Cookies. If you do so, we may be unable to offer you some of our functionalities, services or support. If you have previously visited our Website, you may also have to delete any existing cookies from your browser.

Also, we may use Pixel tags (single-pixel image files also known as transparent GIFs, clear GIFs or web beacons) to access Cookies and to count users who visit the Website or open our HTML-formatted e-mail messages.

SECURITY

When you register an account, you receive an email with indication of a private key, or you may download it from your account. This private key is used for encrypting your personal data and for restoring access to your data and information, collected from a target device, if you lose your password.

Private key is stored on SpyX servers in an encrypted way. In case of an active account the private key is stored for a period of an active account.

The period of this private key storage is 1 (one) day after you delete your account under your request.

Billing Descriptor Privacy

At SpyX, your privacy is our priority. To maintain confidentiality, "Gbyte" will appear on your payment records instead of SpyX. This ensures your transaction remains discreet and protected.

All payment data is managed with state-of-the-art encryption, guaranteeing the security of your personal and financial information. We strictly adhere to policies that prevent unauthorized access or sharing of your details, providing you with complete peace of mind.

For any questions regarding billing or privacy concerns, our customer support team is ready to assist you. Reach out to us anytime at [email protected] for prompt support.

ENCRYPTED DATA

We have put in place security hardware, software and software update and network scanning procedures designed to safeguard and secure the information (including personal data) under our control and follow generally accepted industry standards. We work with third party service providers and vendors that use encryption and authentication to maintain the confidentiality of your personal data. If stored, we house personal information on systems behind firewalls that are only accessible to limited personnel, who are under DPA.

We store personal data of all our users in an encrypted way. We use asymmetric public-private key cryptosystem RSA with key size is 4096 bit (further RSA) and symmetric-key algorithm AES with key size is 256 bit (further AES).

Asymmetric public-private key cryptosystem RSA (key size is 4096 bit) use public encryption key and private decryption key. The public encryption key is storing in database (DB) in open way. The private decryption key is storing in DB encrypted using AES 256 using key which consist of the user’s password and secret key. It cannot be decrypted without user’s password and secret key.

User’s credentials are user’s login is stored in DB. User’s password is not stored. We store only hash of the password. We generate public-private key pair for cryptosystem RSA during user’s sign up. This public-private key pair is unique for each user. The key pair is stored in DB encrypted format using AES 256.

Login process: We use user’s password from login form for decrypting user’s original private key.

Encryption data: We get opened data from devices using encrypted https protocol. We immediately start encryption process of the data on the server in the RAM without storing on server's disks. We encrypted data using RSA using user’s public encryption key. The encrypted data is saved to SpyX servers. Decryption: We get user’s decrypted private key. We decrypt user’s text data using users original private decryption key. We show this information to user.

LEGAL MATTERS

We consider your use of SpyX Services to be private. However, we may disclose your personal information stored in your account and/or on SpyX servers and databases, in order to:

(1) comply with the law or legal process served on us;

(2) enforce and investigate potential violations of this Privacy Policy, Terms of use; including use of this Service to participate in, or facilitate activities that violate the law;

(3) investigate potential fraudulent activities; or

(4) protect the rights, property, or safety of SpyX, its employees, its customers or the public.

In the event of a change of control of SpyX (such as asset transfers through a merger, sale, assignment or liquidation of the business entity, or any of its properties, assets or equity) or, in the event of a direct or indirect sale of any of its publishing properties and/or its Website(s)in our possession will be transferred to the new owner/successor. You will be notified of any such transaction and have an ability to exercise your legal rights under GDPR. You may always change or delete your personal data or opt out by contacting us as provided below, or if the acquirer posts a new Privacy Policy with new contact information, you may change or delete your personal data or opt out by following any new instructions that are posted.

We may share Aggregate Information with third parties, including strategic partners, for marketing and promotional purposes under concluded data processing agreements, which secure the transfer and processing of personal data according to GDPR.

As a controller, we may also transfer to one or more processors (e.g. a payment provider under DPA) personal data of a data subject for payment processing purpose, which is attributable to the controller and without which a user would not be able to purchase the SpyX Services.

As we use third party technological services for the provision of Services, we may transfer your personal date internationally. Providers of such technological services may process personal data collected in the course of providing us their services as sub-processors only under DPA in accordance with GDPR.

In case there might be a risk of unauthorized disclosure of personal data the controller communicates the personal data breach to the data subject without undue delay. However, as the controller has implemented appropriate technical and organizational protection measures, as encryption, and it was applied to the personal data affected by the personal data breach, the controller is not required to communicate the data subject.

However, the encryption is useless if the access password or other credentials are weakly protected and stored by data subject. In this case the controller is not responsible for personal data breach.

In the case of a personal data breach, we, as a controller, shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority.

As a Controller, we don’t have a responsibility for data breach and/or information, collected from a target device, due to user or data subject blame.

WHERE DATA SUBJECT’S PERSONAL DATA ARE STORED

Usually, Personal data, which are provided by users and information, which are collected from a target device, are stored on the servers in Switzerland and Singapore. Personal data, which are provided by users and information, which are collected from a target device, may be stored outside the uk. In some cases, these personal data and information may be stored in Canada. We adopted all necessary security measures for protection of your Personal Data according to the best practices of security, protection and confidentiality. If we transfer your Personal data to third party service providers, we will compel each third party service provider to adopt necessary security measures for protection of your Personal Data according to our data protection agreement.

RIGHTS OF THE DATA SUBJECT

a) Right of confirmation

Each data subject shall have the right granted by the ukropean legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by SpyX, he or she may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the erasure request is complied with immediately.

b) Right of access

Each data subject shall have the right granted by the ukropean legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the ukropean directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

c) Right to rectification

Each data subject shall have the right granted by the ukropean legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the ukropean legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to GDPR and there are no overriding legitimate grounds for the processing.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to GDPR,

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by SpyX, he or she may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the erasure request is complied with immediately.

e) Right of restriction of processing

Each data subject shall have the right granted by the ropean legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

f) Right to data portability

Each data subject shall have the right granted by the ukropean legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

g) Right to object

Each data subject shall have the right granted by the ukropean legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on GDPR. This also applies to profiling based on these provisions.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the ukropean legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subjects explicit consent.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the ukropean legislator to withdraw his or her consent to processing of his or her personal data at any time.

If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

CHILDREN’S PRIVACY

Provision of SpyX Services generally not aimed at children. This Website is not intended for use by children under the age of 18.

The Company is acting in compliance with COPPA. We do not knowingly collect information from children and minors. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Website without their permission.

Our Website and Service is not directed to, nor do we knowingly collect personal data from children under the age of 13. If we obtain actual knowledge that we have collected personal data from a child, we will comply with industry guidelines and applicable laws and will promptly delete it, unless we are legally obligated to retain such data.

We do not store information you have gathered from the child’s target device. All this information is encrypted.

DATA PROCESSING ON YOUR BEHALF: WE AS DATA PROCESSOR

Target Device Data. In registering for the SpyX Account, the SpyX Software starts collecting data from a target device linked to the Account, which may include personal data relating to you, to a target device user(s) or to third parties (“User Data”, including information about a target device, websites and apps that are used, contacts, connections, messages and other communications, posted and received content, etc.). In accordance with applicable privacy law, to the extent that it applies to the Service, you are the Data Controller of this Target Device Data and you appoint us as a Data Processor of such data for the purpose of providing SpyX Services.

Your use of Target Device Data. As Data Controller, you warrant that you have the appropriate (lawful) authority to collect and process the Target Device Data and you agree to process and use the Target Device Data in accordance with this Privacy Policy, the Terms of Use and applicable law, and only for the explicit purposes of the SpyX Services. You will not submit to the SpyX Services any personal data relating to any individual that has not authorized such processing. Through the Services, you may also access a copy of the Target Device Data collected by us on your behalf. You will protect the confidentiality of any accessible Target Device Data and prevent access by or disclosure to any unauthorized third person. You will inform us within 24 hours about any problem arising in relation with management of your Account and/or Target Device Data. You will be responsible for any illegal use of other person’s data (personal or not) through the Service on a target device, including any use contrary to applicable data protection laws and/or in violation of this Privacy Policy.

SpyX Obligations. To the extent that we are Data Processor on your behalf, we shall (a) implement appropriate technical and organizational measures to safeguard any Target Device Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure; (b) limit access to Target Device Data only to those employees who need to know it to enable the Processor to perform the Services; (c) only process the Target Device Data as specified by this Policy and in accordance with your instructions, and (d) will not use the Target Device Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions. Upon the expiry or termination of this Agreement by way of de-registration, or upon your request, we will cease any and all use of the third-party Data and will destroy or return it to you except as provided above with respect to backed-up data and termination. We will not disclose Target Device Data to any third party without your prior written consent or pursuant to court or administrative order.

In accordance with the GDPR Article 6(1) (Lawfulness of processing) and Article 9 (Processing of special categories of personal data), we do not collect or process any personal data from any users related to government agencies, military organizations or any similar entities under any circumstances. We do not provide any services that involve the collection or processing of devices, email addresses, or accounts related to military, government, or other sensitive institutions.

Warranties. You are solely responsible for use of the Account and the processing of personal data linked to your Account, which includes, among others, collecting, storing and analyzing personal data from a target device. We automatically use the configuration and the instructions given by you and you are solely responsible for the configuration of your Account.

You warrant, as the one responsible for Target Device Data that we process on your behalf as Data Processor, that (a) you are an owner of the Target Device, which used by your child or ward, and (b) you comply with all applicable legislation with respect to the monitoring and control software. You agree to fully comply with this Privacy Policy.

Indemnity. You agree to indemnify and keep us harmless from all claims, damages and losses we may suffer relating to or arising out of the processing of Target Device Data and other third-party personal data submitted to our systems during the course of use and provision of the SpyX Services.

PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period and when we no longer need personal data, we routinely and securely delete or destroy it, as long as it is no longer necessary for the Purpose. As the data controller, we shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of SpyX Services provision, or as far as this is granted by the ukropean legislator or other legislators in laws or regulations to which the controller is subject to.

However, in case of conflict situations in progress SpyX may store personal data for 180 days period or more if the processing is necessary for the establishment, exercise or defense of legal claims and for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject in case of an expired account or in case data subject requested to delete his personal data. Upon the expiry of this period or earlier, if a conflict situation is settled, all personal data and information gathered from a target device gets deleted.

DATA REMOVAL

We generally retain all logs and information downloaded from a target device in encrypted form for a 3-month period.

Please be advised that all logs and information downloaded from a target device with use of the SpyX Software stored in SpyX database dated more than 3 months will be automatically deleted for the reasons of security by notifying you appropriately. Logs can be downloaded by user before the determined term above for further storage, should the necessity arise.

We do not store on our servers all downloaded information from a target device in case of an active account for more than 3 (three) months. Upon the expiry of this period all information gets deleted. In case of expired accounts all downloaded information from a target device gets deleted within 1 (one) month.

If you wish to remove all logs and information downloaded from a target device in your Account, please, uninstall SpyX from your device(s), and send an email to [email protected] (or click on “Delete my Account” button in your Account). Your Account will be permanently removed within 30 days or earlier from our active systems, servers and back-ups. By deleting your Account all your personal data excluding the billing information for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject and gathered information from a target device will be removed as well.

HOW DO I OPT OUT OR CHANGE MY PERSONAL INFORMATION?

To opt out of further e-mail communications from us, just click on the opt out button in the e-mail, or contact us as instructed at the end of this Privacy Policy. We may need up to 30 (thirty) calendar days to assure compliance with your request.

To change your personal data that you have provided to us, please contact us as instructed at the end of this Privacy Policy.

CHANGES OR UPDATES TO THIS PRIVACY POLICY

We may modify this Privacy Policy at any time and post any changes to the Privacy Policy on the Website, so please review it frequently. We indicate the date of the current version of this Privacy Policy below, so you know when it was last updated.

Changes to this Privacy Policy may not affect your personal data we have previously collected from you or after such changes.

If you object to the changes, please contact us as provided below.

Applicable Law

We are committed to protecting your personal information and the rights set out in this Policy reflect your rights under applicable laws. 

Applicable laws for the purpose of this Policy means: (a) the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2013; (b) General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) until such time as it might cease to apply in the UK; and (c) to the extent applicable, any legislation ratifying or otherwise adopting the GDPR in the UK, and any applicable associated or supplementary data protection laws or regulations. 

We recognize that as an international business, some of our customers are resident in jurisdictions other than England and Wales. In certain circumstances, local laws of these jurisdictions, may by way of their application, afford rights to a customer in respect of the personal data that they provide to us. We anticipate that the rights set out in this Policy also provide you with such protection in relation to your personal information. Please do e-mail our Data Protection Officer at [email protected] to discuss any additional questions you may have.

[email protected]

registered address: South Bank Tower, 55 Upper Ground,, London, England, SE1 9EY

company:UK GBYTE TECHNOLOGY CO., LIMITED