PRIVACY POLICY

(PROCESSING OF PERSONAL DATA)

ELARI SAFEFAMILY, ELARI WEAR FOR BLUETOOTH WATCH AND KIDGRAM

 

1. WHO WE ARE

We are SIA ELARI EUROPE, its affiliates, subsidiaries and partners (referred to as "we", "us", "our", "us", "company" and similar terms). This Privacy Policy describes how we collect, use, store, manage and disclose your information in connection with our use of https://www.elari.tech/ (referred to as the “Website”), the ELARI SafeFamily, ELARI WEAR for bluetooth watch and KidGram mobile applications (referred to as the “applications” ).

This Privacy Policy is based on the provisions of data protection laws, which may be applicable in the country of the User’s residence, including the General Data Protection Regulation (GDPR), UK GDPR, California Consumer Privacy Act (CCPA) and other laws.

Terms and definitions in this Privacy Policy shall have meaning that is given to them in applicable data protection laws, in particular:

Personal data means any information relating to an identified or identifiable natural person ("User").

 

We have developed applications designed for your child's communication under your control.

• Environment of the ELARI SafeFamily, ELARI WEAR for bluetooth watch applications with mobile devices under the ELARI brand;
• In the environment of the KidGram application with other Telegram and/or KidGram Users, as well as for the access of a child under your control to public groups located in Telegram.

This Privacy Policy applies to all visitors, users and others who use the Applications and the Website.
When you or your child registers and starts using the applications, we get access to a certain set of personal data. We process this data in accordance with certain rules. We also have application terms of use located here https://www.elari.tech/pages/terms-of-use ("Terms"). Please read them before using the applications.
Finally, the full use of KidGram is due to the need to create your account in the ELARI SafeFamily, ELARI WEAR for bluetooth watch mobile application and, possibly, to install an additional application of the ELARI ecosystem. Please read the rules, policies and terms of use for these applications.

2. WHAT PERSONAL DATA WE PROCESS

SIA ELARI EUROPE (a controller) processes personal data related to its potential and current customers (individuals or representatives of legal entities), individuals who actually use KidGram, ELARI SafeFamily, ELARI WEAR for bluetooth watch, Users of the Website:

• When you register with ELARI SafeFamily, ELARI WEAR for bluetooth watch, we receive the following data collected directly from you: (1) the nickname created by the User. We do not collect information about the first and last name, any nickname can be used as a user designation, (2) Your contact information (phone number), (3) Your email (4) account profile photo. You can use any image without identification.
• When you start using ELARI SafeFamily, ELARI WEAR for bluetooth watch, we collect automatically the following data: (1) with your permission: general location information, including country, region, city information, including precise geographic location data; (2) the language set on your mobile device; (3) application usage information; (4) when making a payment, we receive information necessary to process your order, which may include the amount of the transaction, but does not include financial information / bank card data / bank card holder data, which will be transmitted directly to the payment service provider using secure protocols; You can find more information in the current data protection policies of the respective payment service providers. If you make payments in the mobile application, we do not collect or access your name and billing information, this information is collected and stored on your platform (Apple Store or Google Play) or your platform's payment service provider. (5) information about the settings of the Child's mobile device (6) information about the contacts added in the ELARI SafeFamily, ELARI WEAR for bluetooth watch application
• When you add your child's mobile device to ELARI SafeFamily, ELARI WEAR for bluetooth watch: (1) the child's nickname created by the User. We do not collect information about the name and surname of the child, any nickname can be used as a designation of the user (2) his age, and (3) his contact information (phone number), (4) general information about the location, including information about the country, region , city, including exact geographic location data (5) child's profile photo. You may use any image without identifying the child. The Company does not store photos taken from the child's mobile device, only the child has access to this data, except when the child shares photos with the Parent's profile in ELARI SafeFamily, ELARI WEAR for bluetooth watch.
• When you register with KidGram we automatically receive the following data: (1) the nickname created by the User. We do not collect information about the first and last name, any nickname can be used as a user designation, (2) your contact information (phone number); (3) account profile photo. You can use the image without identification. When you register your child in KidGram (or when he himself registers in KidGram): (1) the child's nickname created by the User. We do not collect information about the name and surname of the child, any nickname can be used as a designation of the user, (2) his contact information (phone number), (4) general information about the location, including information about the country, region, city, including data about precise geographic location; (5) account profile photo.
• When using KidGram by you or your child, when a third party begins to communicate with you or your child (including using the Telegram application or through KidGram): (1) third party nickname, We do not collect information about the name and surname of the child, in any nickname can be used as a user designation (2) third party contact information (phone number). (4) third party account profile photo.
• In certain cases and for specific purposes we may also acquire some data from external providers of sales and marketing services.

The specificity of communication in instant messengers is that children can exchange a wide variety of information, incl. sensitive personal information (including but not limited to racial origin, health information and other biometric data). When using KidGram - We store such correspondence (and in this sense we process this information) for three months. This is done so that you, as the child's parent, have the opportunity to view his correspondence and make further decisions about with whom, how and in what way your child can communicate. Thus, we may inadvertently access biometric personal data (), special categories of personal data or other data, but this data is not used for any purpose, including to identify you or a child.
When registering in the ELARI SafeFamily, ELARI WEAR for bluetooth watch and KidGram applications, you or your child can use any photo to create an avatar. Please note that we do not require this to be an actual photograph. We store the avatar image and process it in some way so that external users know that they are communicating with the child, but we do not use the photo for identification purposes.

We process personal data for the following purposes:

1. Conclusion of Terms: we process personal data to the extent necessary to enter into an agreement on the terms of use of applications between you and us;
2. Compliance with the Terms: fulfilling our obligations to users of our services  (provision of access to the service, support and troubleshooting, billing, etc.), and monitoring the fulfillment of their obligations to us. In particular, we identify you or your child in the applications, provide the functionality of the applications stated in the Terms, arrange payment for our services;
3. compliance with the applicable law: provide information to the relevant authorities.

In addition, when processing personal data, we also have the following additional purposes:

1. Sending messages and other types of communications (SMS and other messaging services), including transactional, news, informational, advertising messages;
2. Improving the quality of our services and application performance;
3. Implementation of affiliate programs, including advertising campaigns, marketing research.
4. Compliance with legal obligations (comply with applicable laws).
5. Ensuring our and your legitimate interests.

The User shall provide us with certain personal data processed under this Privacy Policy so that a Company can comply with applicable laws as well as we provide to you. If you do not provide us with the relevant personal data, you and your children cannot use KidGram, ELARI SafeFamily, ELARI WEAR for bluetooth watch.

3. ON WHAT GROUNDS DO WE PROCESS PERSONAL DATA

From the point of view of the Law, the concept of processing personal data includes a wide range of actions. In essence, this includes any action (operation) or a set of actions (operations) with personal data. The processing of personal data includes, among other things, the following: collection, recording; organization, structuring, systematization, accumulation, storage; clarification (update, change), extraction, use, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, transfer (distribution, provision of access), depersonalization, alignment or combination, blocking, deletion, restriction,  erasure or destruction.

 

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

We process personal data on the basis of the Terms, on the basis of the consent that you give in relation to yourself and / or your child, as well as on the basis of the relevant requirements of applicable law. The withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal.
Please note that you can withdraw your consent to the processing of personal data by sending us an email to info@elari.tech. We will need to identify you, so fill out a free-form application with your passport details, your phone number, and sign it.

An important point: the withdrawal of consent will reduce the amount of personal data processed by us, but will not stop such processing completely and will not lead to the termination of the provision of our services. You need to opt out of the Terms and stop using the applications in order for us to stop processing personal data in full.

When Article 77 of the GDPR (or the relevant provision of other applicable laws) applies, you have the right to lodge a complaint with a supervisory authority in the area of data protection in the country of your residence.

4. ADVERTISING

Please note that by agreeing to this policy, you also agree to receive advertisements in the ELARI SafeFamily, ELARI WEAR for bluetooth watch and KidGram applications from us or from our customers. You can also revoke this consent if you send us an email to info@elari.tech with your passport details, your phone number, and your signature.

5. HOW WE PROCESS PERSONAL DATA

We carry out automated processing of personal data. Processing is carried out by:

• collecting your personal data when you register with ELARI SafeFamily, ELARI WEAR for bluetooth watch and KidGram;
• collection of your child's personal data when you add an ELARI-branded mobile device to ELARI SafeFamily, ELARI WEAR for bluetooth watch;
• collecting your child's personal data when you register him (or he himself registers) in KidGram;
• collecting your personal data and your child's personal data when you or he (she) correspond with a third party using KidGram or an ELARI-branded mobile device;
• storage for three months of your personal data and personal data of your child to the extent that these data appear in the correspondence of the child and become part of this correspondence;

We process personal data based on the following principles:

• legality of the purposes and methods of processing personal data;
• conscientiousness;
• compliance of the purposes of processing personal data with the purposes predetermined and declared when collecting personal data;
• compliance of the volume and nature of the processed personal data, methods of processing personal data with the purposes of processing personal data;
• the inadmissibility of combining databases created for mutually incompatible purposes containing personal data.

We take all necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, their destruction or alteration.
AWS metrica complies with all standard cloud storage rules and regulations.
As for Telegram, please note that KidGram was developed using the Telegram API technology. Thanks to this, you and your child get the opportunity to interact with regular Telegram users. When using this technology, personal data is transferred to the Telegram servers, where it is processed in accordance with the Telegram personal data policy. It is located here https://telegram.org/privacy.

 

6. HOW WE STORE PERSONAL DATA

We store all personal data contained in your correspondence and/or correspondence of your child, as well as third parties using the ELARI SafeFamily, ELARI WEAR for bluetooth watch application and/or mobile devices under the ELARI brand, for three months. We then delete this data on our servers. We store all personal data contained in your KidGram correspondence or your child's KidGram correspondence for three months. Then we delete this data on our servers, and they remain only in Telegram.
Personal data that is necessary for the fulfillment of our mutual contractual obligations, for example, data necessary for your identification, for payment for our services, etc., we store until it is necessary for the performance of the Terms. After the Terms cease to apply, we also delete the relevant data.

We transfer your personal data to the countries that do not provide for a sufficient level of protection of data subjects' rights under the European Union law. When doing so, we employ the standard contractual clauses issued by the European Commission.

Users can get more information on the mechanisms of transfers to third countries by sending a request with the use of contact details specified in section 13 of this Privacy Policy.

7. WHAT RIGHTS YOU HAVE

You have the right to:

1. Receive information regarding the processing of your personal data and the personal data of your child. We will provide this information in an accessible form;
2. Require us to clarify your personal data and your child's personal data, block or destroy them if they are incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing;
3. Take legal measures to protect their rights, to limit personal data processing in the future under applicable law;
4. Get access to your personal data and can ask us to explain certain details of the processing.

You also have other rights expressly provided for by applicable law.
If you want to exercise any of your rights, just write to us at info@elari.tech . We will need to identify you, so fill out a free-form application with your passport details, your phone number, and sign it.

 

8. WHAT WE HAVE RIGHTS AND OBLIGATIONS

We can:

1. Independently determine the purposes of processing personal data, the list and scope of personal data necessary to achieve the purposes of processing and providing our services;
2. Independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of the obligations provided for by the applicable Law;
3. Entrust the processing of personal data to another person (such a person must comply with the principles and rules for the processing of personal data provided for by the Law);
4. In case of withdrawal of consent to the processing of personal data, continue processing without consent if there are grounds specified in the Law.

We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Users or for the establishment, exercise or defense of legal claims.

We should:

1. Organize the processing of personal data in accordance with the requirements of the Law;
2. Respond to your requests and requests, as well as to requests and requests from legal representatives;
3. Report to legal authorities upon its request the necessary information within 30 calendar days from the date of receipt of such request.

9. CONFIRMATION OF THE FACT OF PROCESSING, UPDATING AND CORRECTION OF PERSONAL DATA, ANSWERS TO REQUESTS OF SUBJECTS

If you contact us, we will be able to confirm the fact of processing (including storage) of your personal data and personal data of your child, as well as inform the legal grounds and purposes of processing personal data.
You also have the right to request information regarding the processing (including storage) of personal data at any time. We will provide this information, but we will try to exclude all information relating to other users and their children to the extent possible. However, if a parent asks us to provide his child's correspondence, he will also see everything that you or your child wrote to his child.
Perhaps, in order to respond to your requests, we will ask you to send the appropriate registered letter with acknowledgment of receipt or a scanned copy (electronic image) of the signed application to info@elari.tech _
We process your requests within 30 calendar days. If the request does not contain the necessary information or you do not have access rights to the requested information, then we will send a reasoned refusal.

10. DATA COLLECTED AUTOMATICALLY USING

COOKIES AND SIMILAR TECHNOLOGIES

When you use our mobile applications and/or Website, we may collect certain information about your computer or device using technologies such as cookies, web beacons, log files or other tracking/recording tools. The information we collect using tracking technologies includes, but is not limited to, IP address, browser information, links to/outputs and URLs, traffic data, and information about how you interact with links on the Website , mobile application or Service, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser and track your browser behavior on our Website, mobile device type, mobile device identifiers or other persistent identifiers.
When you access our Service through a mobile device, we may receive or collect and store unique identification numbers associated with your device or our mobile application (including, for example, UDID, Unique Identifier for Advertisers (“IDFA”), device type, model and the manufacturer, make and model of the mobile operating system, phone number and, depending on your mobile device settings
We may use our own cookies, which are owned by us and which we place on your device, and third-party cookies, which otherwise party places on your device
Cookies or similar technologies stored on your device through which you use the Service perform the following functions:
Authentication. If you are logged in to our resources, cookies help us show you the correct information and personalize your experience.
Safety. We use cookies to enable and maintain our security features and to help us detect malicious activity.
Preferences and settings. Cookies or similar technologies may tell us which language you prefer and what your communication preferences are. They will help you fill out the forms on our resources more easily. They also provide you with functionality and personalized settings.
Marketing. We may use cookies or similar technologies to deliver marketing campaigns and track their effectiveness. Similarly, our partners may use cookies to provide us with information about your interactions with their services and action tags to measure the effectiveness of advertising and provide more targeted advertising, the use of these third party cookies will be subject to the privacy policies of the advertising service providers.
Performance, analytics and research. Cookies or similar technologies help us understand how well our apps and Service are performing, diagnose and fix technical issues reported by users or our developers. We may also use cookies or similar technologies to understand, improve and research products, features and services, including creating logs and records when you access our applications and resources from different devices, such as your mobile device.
We may use the services of third party analytics software providers to better understand the functionality of our software on the device, including, but not limited to, Google Analytics, AWS.Metrica, Firebase, (collectively , "Third Party Analytics Services"). This software may record information about how often you use the Service; events that occur within the Service, aggregated usage and performance data; information about where our software is downloaded from. These partners may use cookies, web beacons and other tracking technologies to collect or receive data about you and may act as a controller with respect to information about you. We do not link the information we store in the analytics software to the personal information you submit to us.
This policy does not cover the use of third party tools, to learn more about their privacy practices please follow the links below.

Firebase (The country in which the legal entity providing the service is located depends on the country in which the User is located)

Firebase helps us to clearly understand how users behave, which allows us to make informed decisions regarding application marketing and performance optimization. For more information about Firebase security rules, see Firebase Security Rules.https://firebase.google.com/terms/analytics.

Google Analytics (USA)

Google Analytics collects information about how often users visit our Website, which pages they visit, when they do so, and which other websites they visited prior to coming to our Website. Google's ability to use and share the information collected by Google Analytics about your visits to our properties is limited by the Google Analytics Terms of Use and Google's Privacy Policy. You can prevent Google Analytics from recognizing you when you return to our Website by disabling cookies on your browser or mobile device. For more information about Google Analytics, please see the Google Privacy Policy ( https://policies.google.com/privacy?hl=en). To prevent Google Analytics from using your data through a web browser, you can install a Google Analytics opt-out blocker ( https://tools.google.com/dlpage/gaoptout/ ).

11. TELEGRAM POLICIES

As mentioned above, KidGram was developed using the Telegram API technology. By using KidGram, you also accept the personal data processing policies applied by Telegram. These policies are beyond our control, so we recommend that you read them before using KidGram. Telegram's policy is here [https://telegram.org/privacy].

12. CHANGES TO OUR POLICY

This policy is subject to change. We do this at our sole discretion, including when the relevant changes are related to changes in the law or in the operation of applications.
We will notify you in advance of any significant changes using the functionality of the applications or on the Website. Appropriate notifications may be displayed in the applications (for example, via a pop-up window or banner) before such changes take effect, or may be sent to you through other communication channels (for example, by email or push notifications).

 

13. Controller

Data controller with regard to personal data processed under this Policy is SIA ELARI EUROPE

Depending on the specific purpose and other circumstances of data processing, SIA ELARI EUROPE may act as a controller or a processor. When acting as a controller, SIA ELARI EUROPE independently determines the purposes and means of the processing of personal data. At the same time, being a processor, SIA ELARI EUROPE processes personal data on behalf of the user and under its instructions.

When SIA ELARI EUROPE is a data controller, the data subjects can contact SIA ELARI EUROPE on any questions relating to the processing of their personal data by either of the following methods:

Email: info@elari.tech