Jane Auston（email@example.com） is the designated representative of SpyWeb in EU in accordance with the Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data (the “GDPR”).
The use of the Website is possible without any indication of personal data; however, if a user wants to use SpyWeb Service 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.
As the controller, SpyWeb has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Website.
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 to the SpyWeb Software.
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 European Union and other provisions related to data protection is: Altercon Group s.r.o., Londýnská 730/59, Prague, 120 00, Vinohrady, Czech Republic
Tel.: +420 228 881 324
INFORMATION COLLECTION AND USE
Anyone can access our Website without necessity to provide its personal data.
The purpose of processing your personal data by SpyWeb and collection of information about you are as follows (the “Purpose”):
- Your intention to use our Service;
- In order for SpyWeb to provide the user with the ordered and purchased Service;
- For the performance of a contract to which the user is party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for SpyWeb 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 Service to better understand how they are being used so we can improve our Service and the user experience and engage and retain users.
As you are willing to use our Service you are required to provide your personal data (to register an account and purchase a software), thus becoming a user of SpyWeb.
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 sub-websites, (5) 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 SpyWeb Software.
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 in to and make a purchase of SpyWeb Software, consequently, to use our Service.
PERSONAL DATA COLLECTION AND USE
We strive to be compliant with GDPR and implemented data minimization principle. Personal data, as defined above, which we collect, consist of:
(i) full name (first and last), (ii) e-mail address, providing the data subject with the ability to register an account and become a user of our Service with the purpose to use the SpyWeb Software correspondingly, (iii) billing information, which includes full address, zip code, city, country, telephone number (not mandatory), (iv) payment method (not full credit card number and expiration date), (v) IP address – assigned by the Internet service provider (ISP) and used by the data subject/user, and (vi) location data – for statistics of user’s areas involvement.
The storage of this data takes place against the background that this is the only way to prevent the misuse of our Services, and, if necessary, to make it possible to investigate committed offenses.
Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. The personal data entered by the data subject/user are collected and stored
exclusively for internal use by the controller and for his own purposes. The personal data stores separately in SpyWeb 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 SpyWeb 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 SpyWeb.
You also have to fill the Billing Information and Payment Method, which should contain your Personal data, which is partly stored by SpyWeb 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).
We may use your Personal data to: (a) improve your browsing experience by personalizing the Website and to improve the Service; (b) send information to you by email regarding registration status, password verification, payment confirmation; (c) send you communications relating
to your use of the Service, and (d) provide our partners with statistical information about our users by secured channels under data processing agreements (DPA).
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that are related to the Service. 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.
As you use our Service, you may import into your account information you have collected from target devices. All this information is stored in encrypted way on SpyWeb servers. 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, and for that reason, you are responsible for making sure you have the appropriate consent to collect and process information from an owner of 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 Service in order to prevent others from accessing your personal information. You are solely responsible for the control and use of each password you create.
AGGREGATE INFORMATION THAT IS AUTOMATICALLY COLLECTED. COOKEIES. LOG. FILES. 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.
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.
SpyWeb also 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.
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 if you lose your password.
Private key is stored on SpyWeb servers in 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.
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 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 from 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 generated by md5 hash function from user’s passwords. 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 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 SpyWeb servers.
Decryption: We get decrypted user’s private key. We decrypt user’s text data using user`s original private decryption key. We show this information to user.
SpyWeb considers your use of its Service to be private. However, we may disclose your personal information stored in your account and/or on SpyWeb servers and databases, in order to:
(1) comply with the law or legal process served on us;
(3) investigate potential fraudulent activities; or
(4) protect the rights, property, or safety of SpyWeb, its employees, its customers or the public.
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.
The controller 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 Software and use SpyWeb Service.
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, the 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.
RIGHTS OF THE DATA SUBJECT
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.
b) Right of access
Each data subject shall have the right granted by the European 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 European 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 in Article 22(1) and (4) of the 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.
c) Right to rectification
Each data subject shall have the right granted by the European 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.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European 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 point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- 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 in Article 8(1) of the GDPR,
e) Right of restriction of processing
Each data subject shall have the right granted by the European 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 instead 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.
f) Right to data portability
Each data subject shall have the right granted by the European 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the 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 Article 20(1) of the 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.
g) Right to object
Each data subject shall have the right granted by the European 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 point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European 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 authorised 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 subject`s explicit consent.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
Provision of our Service generally not aimed at children. This Website is not intended for use by children under the age of 18.
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 collect information you have gathered from the child’s target device. All this information is encrypted.
DATA PROCESSING ON YOUR BEHALF: SPYWEB AS DATA PROCESSOR
Target Device Data. In registering for a SpyWeb Account, the Service 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 is used, contacts, connections, payments, 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 SpyWeb Service.
Data Processor 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.
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 Service.
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.
ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of Service provision, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
SpyWeb does not store and process personal data of a data subject for more than it is necessary to achieve the purpose of Service provision. However, in case of conflict situations in progress SpyWeb may store personal data for 180 days period or more if the processing is necessary for the establishment, exercise or defence 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.
We generally retain all logs and information downloaded from a target device on an identifiable basis for 3 months period, for providing our annual behaviour report.
Please be advised that all logs and information downloaded from a target device with use of the SpyWeb Software stored in SpyWeb 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 period. 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 period.
In addition, through the Account, you may delete all historical data saved at any time. This data will no longer be accessible and will be fully removed from our systems on the next back-up, except as indicated below.
If you wish to remove all logs and information downloaded from a target device in your Account, please, uninstall SpyWeb from your device(s), and send an email to firstname.lastname@example.org (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 INFROMATION ?
If you object to the changes, please contact us as provided below.
Those who access the website from locations outside of the Czech Republic and European Union are responsible for compliance with local laws if and to the extent that local laws are applicable.
Data Controller: Altercon Group s.r.o., address: Londynska 730/59, Vinohrady, 120 00 Praha, Czech Republic, email: email@example.com, tel.: +420 228 881 324