PRIVACY POLICY

Your privacy is important to us. This is the reason why we have developed this Privacy Policy to provide you with all the needed information about why and how we process your personal data, in order to provide you with the services available through our application.

The mobile application MyKi Auto (“the MyKi App”) allows you to identify the location of the MyKi Auto GPS tracker (the Tracker) for vehicles and cargos (“the Service”).

This Privacy Policy shall apply to the processing of personal data, that is or might be performed by using the Myki App and provides to the data subject the necessary information about the identity and the contact details of the controller, the contact details of the data protection officer, the purposes of the processing for which the personal data are intended as well as the legal basis for the processing, the recipients or categories of recipients of the personal data, and etc.

Tracking the location of others via the MyKi App is prohibited without a valid consent in advance.

 “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); 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, as that term is defined under the General Data Protection Regulation (GDPR).

The personal data of the App User, the mobile device on which the Tracker is installed and the Tracker are being processed for the purposes of the Service, including for authentication and subsequent control of the access to the Tracker’s data, and providing technical service and support.

 “Data subject” means the Myki App User (the App User), the secondary App User/s (if applicable).

Controller of the personal data processed for the purposes related to the MyKi App is Shelly Europe Ltd., UIC: 202320104, having its seat and registered address in 103 Cherni Vruh Blvd., Sofia, Bulgaria.

The Data protection officer of Shelly Europe Ltd. shall reply to all your queries concerning processing and protection of personal data and shall make the process of exercising your data subject rights easier and more comprehensible. Establishing direct contact with him/her for your convenience and ease is being facilitated via email: dpo@shelly.com  

 

1. The types of personal data we process:

On a contractual basis for the provision of the Service:

• 1. Profile data:
• User name;
• Email address;
• IMEI (identification number of the Tracker, for which the profile  has been created);
• MSISDN (telephone number of the SIM card placed in the Tracker, selected by the user);
• MSISDN (telephone number  of the SIM card, chosen by the user during the creation of the profile);
• Password;
• Name of the Tracker;
  2. Data concerning the Tracker and the mobile devices on which the MyKi App has been installed (Paired devices):
• IMEI (identification number of the Tracker, for which the profile has been created);
• MSISDN (telephone number  of the SIM card placed in the Tracker, selected by the user);
• MSISDN (telephone numbers of the mobile devices having installed MyKi App);
• Model of the Tracker and the paired mobile devices;
• Name of the Tracker;
• a version of the installed MyKi App, language, time zone, IP address;
• Mobile carriers  (MNO) or Internet provider, which provide connectivity for the purposes of the Service;
• Identification of a grid cell regarding the Tracker;
• IP address;
• Geo-location;
• Behaviour (travel routes; movement, travel speed, rest and information regarding other activities) regarding the Tracker;

 

On the basis of your explicit consent, expressed via the device settings or by a deliberate action by populating certain fields on the application:

• 3. Data concerning behaviour:
• Location and travel routes history and statistics;
• Behaviour history and statistics (movement, travel speed, rest and information regarding other activities populated by you on your own volition);

 

• 4. Data concerning the mobile devices on which the MyKi App has been installed (Paired devices):
• IP address;
• Version of the installed MyKi App
• Operating system

 

You may withdraw each and every consent provided above through the settings of the MyKi App and your mobile device. Upon withdrawal of the consent, processing of the respective type of personal data shall be terminated for the stated purposes. Withdrawal of consent shall not prejudice the legality of processing based on consent given prior to its withdrawal.

Shelly Europe Ltd. processes data for business analysis of the sales extrapolated from de-personified anonymous data (legitimate ground):

• 5. Anonymised data:
• Statistical information concerning the total number of active Trackers and their geographical allocation (general dispersal).

 

2. Purposes of personal data processing;
   1. Data concerning the profile for the purposes of:

• Control of the data access for the Tracker. Each Tracker is supported by only one unique profile.
• Provision of servicing and maintenance for removal of technical defects, limiting the access to the Service, etc.;
• Email or SMS verification to guarantee the security of the data access for your profile and the Tracker;
• Provision of information via email or SMS for new products and/or services  and mutual promotions with our partners upon explicit consent on your part;
• Sending messages for the purposes of direct marketing and advertisement upon explicit consent on your part;

 

• 2. Data concerning the Tracker and the Paired devices for the purposes of:
• Provision of connection between the Tracker and the Paired devices;
• Control of data access for the Tracker;
• Provision of services concerning servicing and maintenance for the correct functioning of the Tracker;
• Improving the Service;
• depiction of the active and/or historic data regarding the location of the Tracker on a map, provided by Google LLC;
• facilitation in the individualization of more than one MyKi Auto tracker in the profile (each MyKi Auto tracker can be connected to only one profile for security reasons);

 

• 3. Data concerning behaviour for the purposes of:
• ensuring the functioning of the Service’s features such as behavioral information (movement, speed, rest, and other activities);
• determining and tracking of access to “Security zones”;
• alarm activation for entering the “Security zones”;

 

• 4. Data concerning the location of the Paired device for the purposes of:
• depiction of the data regarding the location of the paired device on a map, provided by Google LLC in relations to the location of the Tracker;

 

• 5. Anonymised data for the purposes of:
• Statistical analysis of consumption and consumer demand in various regions. Identification of a concrete person from this information is impossible;

 

3. Third parties to which we provide your personal data:
   1. The mobile operators, servicing the telephone number from your account and the telephone number of the Tracker – for the purposes of the Service to the extent that their cooperation is necessary for guaranteeing the functioning of the Tracker and the MyKi App and for the purposes of direct marketing and advertisement to the extent that you have provided consent for it;
   2. Google LLC, Google Ireland ltd. and other affiliates of Google LLC for the purposes of depiction of the active and/or historic data regarding the location of the Tracker and the Paired devices on a map, provided by Google LLC. The privacy policy of Google LLC is accessible at the address:  Google Privacy Policy <- CLICK HERE;
   3. Combain Mobile AB – for the purpose of determination of location coordinates of the Tracker. The privacy policy of Combain Mobile AB is accessible at the address: Combain Privacy Policy <- CLICK HERE;
   4. Consultants in various fields in view of protection of our legitimate interests in the maintenance and improving the quality of the service, compliance with regulatory requirements, protection of legitimate rights and interests in court and administrative proceedings;
   5. State bodies and institutions in connection to checks and probes performed by them in compliance with the legal requirements and restrictions.
   6. Affiliated parties of Shelly Europe Ltd. in a connection with usage of shared technical and human resources, transformations and others.

In regards to private individuals, we require and pay attention that the above stated third parties apply all required technical and organizational measures for protection of such data.

 

4. The Data is processed in regards of the following time limits:
   1. Data processed for the purpose of providing the Service - until the account is deleted.
   2. Location data for the Tracker - after one month;
   3. Data provided on the basis of consent – until it is withdrawn, as provided, including through the settings of the MyKi App or the mobile device to which it is installed or deleted, as applicable) to the extent this data is required for the use of a certain functionality of the mobile application.

 

Following expiration of the above stated time limit, the data is deleted and may not be retrieved and used any longer. The data shall not be deleted but shall continue to be processed only for the purposes of protection of our legitimate rights and interests or in compliance with our legitimate obligations, in the event that as of the date of expiration of the above stated time limit there is pending court, administrative and pre-court proceedings – until its termination.

 

5. Your rights as a data subject:
   1. Right to access, including right to copy data undergoing processing:

• At any time you have the right of information in regards to your personal data processed by us. You may contact us and after filling out a written request form and verifying your identity the requested information will be provided to you;
  2. Right to correct inaccurate personal data:
• You have the right to request correction and/or supplementation of your personal data when the data is incorrect and/or incomplete. This you can accomplish via your profile in the MyKi App or by contacting us, filling out a written request form and verifying your identity
  3. Right to delete („The right to be forgotten“) in the following cases:
• Removal of the need to process;
• Withdrawal of consent when the processing of the data is on the legal bases of provided consent;
• Illegal data processing;
• Legal obligation to delete;

The right to be forgotten is not an absolute right and might not be respected in cases provided for by law and because of a lack of reliable verification of your identity.

You may exercise your right to erasure your data according to the procedures prescribed below or by contacting us, filling out a written request form and verifying your identity. Deleted data cannot be recovered by Shelly Europe Ltd.

 

 

ACCOUNT DELETION:

You may request the deletion of Your account:

• via your account in the MyKi App through the settings. Deleted account and all related therewith personal data cannot be recovered by Shelly Europe Ltd.
• by clicking on the web link below Delete Myki Auto Account <- CLICK HERE

Follow our instructions during the process of deletion of your account. Once we have verified your personal identity, we shall proceed further with your request, and shall provide you with the relevant instructions for successful completion of the process for account deletion if the requirements imposed by law are met.

Upon successful completion of the procedure for account deletion, your account data, as well as any other data associated with your account shall be IRREVERSIBLY DELETED.

 

MANAGE DATA FOR THE TRACKER:

In case You do not want to delete your account entirely, by using the features of the Myki App through the Settings You may choose to:

• Factory reset the settings of the Tracker, lock the Tracker, restart, or shutdown the Tracker or
• remove the information for the Tracker from your account in the MyKi App.

Upon successful completion of the selected procedure the collected data will be IRREVERSIBLY DELETED.

• 4. Right of limiting processing when:
• The veracity of data is disputed, for the period for which their veracity should be checked; or
• Processing of data is without legal ground, but instead of deletion on our part, you want their restricted processing; or
• Need for data concerning establishment, exercise or protection of your legal claims; or
• Objection has been submitted as regards data processing pending check as to the legality of the grounds of the administrator.

In case of correction, deletion or restriction of processing, we will notify every recipient whose personal data has been disclosed unless this is impossible or requires disproportionately huge efforts.

• 5. Right of transferability of the data;
• we provide the data directly to you
• at your request and technical possibility, the data is provided to another administrator of your choice
  6. Right to object to the processing based on legitimate interest:
• You have the right to object to the processing of your personal data when the processing is based on legitimate interest of the Controller or a third party. Shelly Europe Ltd. will not continue processing your data, accept if there is a proof of founded legal basis for the continuation of it, which override your interests, rights and freedoms or are required for the establishment, exercise or defence of legal claims.
  7. Right to object to the processing for the purposes of direct marketing:
• You have the right to object to receiving messages for the purposes of direct marketing, including to the profiling and analysis concerning the direct marketing
  8. Right to lodge a complaint with a supervisory in the Member State of your habitual residence, place of work or place of the alleged infringement if you considers that the processing of personal data relating to you infringes GDPR. 

You may exercise the aforementioned data subject rights after filling out a written predefined request form which you may receive from the business address of the Controller or via electronic means after contacting the Data Protection Officer and filling out the electronic form which you will receive in response.

Only a person who can be identified by Shelly Europe Ltd. as an App User may exercise their rights under section 5. In the event that we have legitimate concerns regarding the identity of the individual submitting a request, we may request the provision of additional information necessary to verify the identity of the person.

Response of our request will be delivered in within one month of receiving your written request form.

6. Used automated individual decision-making, including profiling (automated algorithms)

We do not use any automated algorithms and/or profiling.

7. Privacy Policy Updates

We may update this Privacy Policy from time to time due to changes to the MyKi App, the applicable laws etc.

Any changes will become effective upon posting of the last version in the Myki App.

8. Further information:

If you have any additional question, please do not hesitate to contact us at: dpo@shelly.com