Definitions Personal Data means any information related to a directly or indirectly identified or identifiable natural person (Data Subject).
Personal Data the dissemination of which is permitted by the Data Subject means Personal Data that were made available to the general public by the Data Subject via giving consent to the processing of Personal Data the dissemination of which is permitted by the Data Subject in line with the procedure provided by the applicable international laws.
Information means details (reports, data) regardless of their presentation.
Operator means a natural person who independently or jointly with other persons arrange and/or perform the processing of Personal Data, as well as define the purposes of Personal Data processing, the scope of Personal Data to be processed, and the actions (operations) performed with Personal Data.
Personal Data Processing means any action (operation) or a series of actions (operations) with Personal Data performed with or without automated means, including collection, recording, systematization, accumulation, storage, refinement (updating, amending), extraction, use, transfer (dissemination, provision, access), depersonalization, blocking, deletion and destruction of Personal Data.
Automated Personal Data Processing means the processing of Personal Data with the use of computers.
Provision of Personal Data means actions aimed at disclosing Personal Data to a specific person or a specific group of persons.
Dissemination of Personal Data means actions aimed at disclosing Personal Data to an indefinite number of persons.
Destruction of Personal Data means actions that make it impossible to restore the content of Personal Data in the personal data information system and/or that result in the destruction of physical media on which personal data are stored.
Depersonalization of Personal Data means actions that make it impossible to establish a connection between Personal Data and a Data Subject without using additional information.
Platform means a client branded mobile application, an online application store, the official Internet resource for distribution of mobile applications for Android platforms located on Google Play (
https://play.google.com/store).
Application means
software designed for a particular operating system to run on a
mobile device such as a
phone,
tablet, etc. The Contractor's (Operator's) Mothorn Application is designed to generate engine noise for silent vehicles used by the Customer (User).
1.
Regulation 1.1. The policy regarding the processing of Personal Data, also referred to as the Privacy Policy (hereinafter referred to as the Policy), is aimed at protecting the rights of natural persons whose Personal Data are processed by Mothorn Technologies Inc.
1.2. The Policy has been developed in accordance with international laws in the field of protection of natural persons in course of processing their Personal Data, as well as Regulation 2016/679 of the European Parliament and of the Council of the European Union on the protection of natural persons in course of processing their personal data, on the free movement of such data, and on repealing Directive 95/46/EC (hereinafter referred to as the EU Regulation, GDPR).
2. Operator Data 2.1.
Operator: 2.1.1. Mothorn Technologies Inc., is the company responsible for arranging the processing of Personal Data of users of the Mothorn Mobile Application.
2.1.2. The application database is kept by Mothorn Technologies Inc. and cannot be transferred to third parties.
3. Policy Terms and Conditions 3.1. The Operator processes Personal Data to fulfill the functions, powers and duties assigned by the legislation and the project, to exercise the rights and legitimate interests of the project participants and third parties.
3.2. Personal Data of the Data Subject can be processed only after obtaining his/her consent herewith.
3.3. Data Processing includes personal data collection, recording, systematization, accumulation, storage, refinement (updating, amending), extraction, use, transfer (dissemination, provision, access), depersonalization, blocking, deletion and destruction.
4.
Personal Data Processing 4.1. The Operator carries out processing, including the collection and storage only of the Personal Data that are necessary for the conclusion and performance of the Offer Contract for the use of the Mothorn Mobile Application. The procedure is as follows:
4.1.1 The User provides Personal Data provided for by the rules of Google PlayMarket as the minimum (necessary) for installation and activation of Mothorn Application (the User is authenticated using the services of the Platforms);
4.1.2. To get access to the services of the Application, for authentication, the User does not use a Google account, Facebook Connect, any postal services and does not indicate any Personal Data that identifies him/her directly. The only exception is collection of Application errors data carried out by the Operator in cases specified in Clause 4.1.3, or if the User voluntarily contacts the Operator via e-mail with error messages, suggestions for optimizing the Application, etc.
4.1.3. In case of an Application error, the Operator collects data using the App Center Platform (
https://appcenter.ms). Such data (logs) includes the following information:
- IP address of the device used to activate the Application;
- device name;
- operating system version;
- configuration (version) of the Mothorn Application;
- time and date of using the Application, and other statistical data.
Collection of all of the above data is carried out in order to subsequently correct the error and further optimize the performance of the Application and built-in services in compliance with the GDPR requirements.
4.1.4. The User provides access to GPS for calculating the speed with the service built into the Mothorn Application. The Operator does not record the location and other data and does not store it.
4.1.5. The User provides access to the microphone for using the Application services and recording audio materials in the Voicehorn mode. The Operator does not withdraw or store the audio materials received when using this service.
4.1.6. The User may not provide the Personal Data specified in Clause 4 of this Policy. In this case, the Operator reserves the right not to provide the User with the functions and services mentioned above and provided by the Mothorn Application.
4.2. The Operator reserves the right to engage third parties and/or to use the services necessary to optimize the Application. The Operator also guarantees safety of the data transmitted by the players when communicating errors and/or giving suggestions regarding the Mothorn Application.
4.3. The Operator has the right to process some Personal Data of minors in the course of using the Application, as well as introducing a paid subscription to the Mothorn Application, in accordance with the current international legislation and the rules of the Google PlayMarket.
4.4. Purchase of a subscription to the application is made using the payment system of the Google PlayMarket platform. Paid subscription ensures extended functionality of the Application. The Operator does not receive payment and/or identification data from the platforms, and does not collect, record, store it, etc.
5. Personal Data Protection 5.1. User's personal data confidentiality is preserved, except for cases when the technology of the Service provided or the settings of the software used by the User provide for an open exchange of information with other users of the Internet.
5.2. The Operator guarantees that personal information is stored in a form approved by the legislation and will not be transferred to unauthorized third parties.
5.3. All Personal Data are received directly from the Data Subject.
5.4. Depending on specific circumstances and a precedent of the dispute over processing, storage and revocation of Personal Data, the User has the following rights enshrined in the provisions of the GDPR:
- Right to rectification (Art. 16 GDPR)
- Right to cancellation (right to be forgotten) (Art. 17 GDPR)
- Right to limit processing (Art. 18 GDPR)
- Data transferability (Art. 20 GDPR)
- Right to lodge a complaint with a supervisory authority (Art. 77 GDPR), etc.
5.5 In case the User withdraw the consent for processing his/her Personal Data, the Operator shall cease its processing and destroy the Personal Data within no longer than twenty-five (25) days from the date the purpose of processing of personal data is achieved, unless otherwise provided by the Contract to which the Data Subject is a party.
5.6 Blocking of Personal Data on the Operator's website is carried out on the basis of a written application from the Data Subject. The destruction of Personal Data is carried out by erasing information, which makes impossible to restore the content of Personal Data.
6. Rights of Data Subjects 6.1. Data Subjects have the right to:
- obtain complete information about their Personal Data processing by the Operator if such a right is not limited in accordance with federal laws;
- demand the Operator to refine, block or destroy their Personal Data if such Personal Data are incomplete, outdated, inaccurate, illegally obtained or inessential for the stated purpose of processing;
- take action to protect their rights as provided by law.
6.2. The Data Subject has the right to withdraw at any time his/her consent to Personal Data processing in whole or in part by sending the corresponding request to the Operator by means of e-mail (
mothorn.cycling@aol.com).
7. Privacy Policy Changes 7.1. This Policy may be changed or terminated unilaterally by the Operator without prior notice to the Data Subject. A new version of the Policy comes into force from the moment it is posted on the Operator's website, unless otherwise provided by the new version of the Policy.
The current version of the Policy is posted at:
https://mothorn.io/privacy_policy This Policy has been approved
December 18, 2021
Mothorn Technologies Inc.,
Victoria, Seychelles.
mothorn.cycling@aol.com