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, to provide you with the services available through our application.
The mobile application MyKi Watch (MyKi Watch App) allows you to identify the location of device from the MyKi™ watch (“the Device”) series and to connect with it via a call or a chat (“the Service”).
“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).
“Data subject” means the App User, the secondary App User/s (if applicable).
Be aware that you may not track the location of the Device without the consent of the person who is wearing it.
The following categories of personal data are being processed within the Service: data related to identification of the Device, twin (connected) devices and their location, namely via MSISDN (mobile number), IMEI (number of the mobile device) and IMSI (SIM card number), IP address (network number), MAC address (device number), production number of the embedded hardware, software number, location (geo-location); data in the consumer profile in the application for the purposes of authentication and subsequent control of the data access for the Device and provision of technical service and maintenance; pictures, voice messages, video streaming (when applicable for the relevant watch model™)
Controller of the personal data processed for the purposes related to the MyKi Watch App is Shelly Europe Ltd., UIC: 202320104, having its seat and registered address in Sofia, No 103 Cherni Vruh Blvd.
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
Shelly Europe Ltd. strives to expand and diversify its portfolio of goods and services by collaborating and going into partnerships with mobile carriers at different countries. We wish to inform you about our new products, services and promotions for which we need your consent:
I consent to receive messages for new products, services and promotions of Shelly Europe Ltd.:
via а telephone number populated in my profile via an email populated in my profile via Facebook all of the above
I consent to receive messages for new products, services and promotions from the mobile carriers servicing the mobile number populated in the profile and/or the number used by the Device:
via a telephone number populated in my profile via an email populated in my profile all of the above
You may withdraw each and every consent provided above through the settings of the MyKi Watch App. 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.
On a contractual basis for the provision of the Service:
1.1. Profile data
1.2. Data concerning the Device and the mobile devices on which the application has been installed (Paired devices):
1.3. Location data of the Device
On the basis of your explicit consent, expressed via the device settings or by a deliberate action by populating certain fields on the application:
1.4. Location data of the Paired devices:
1.5. Data concerning the Device User:
1.6. Other data (if such is provided):
Electronic messages (voice messages, text messages, pictures, emoticons) can be transferred between the Device User and the App User. The Device and the MyKi Watch App allow their users to replay the voice message, read text messages sent or to reproduce the transferred pictures multiple times until one of the following limits is reached - up to 100 chat messages or up to а period of 90 days following the receipt of the data and upon receiving or sending a new message.
The Device allows the Device User at his discretion to send voice messages by using the microphone on the device or to answer in chat with prelimited number of emoticons. The audio message is being recorded and sent to the Myki Watch App and the voice message may be reproduced on the Device and the Myki Watch Аpp.
Some of the Devices and the Myki Watch Аpp also allow their users to take photos and send these to each other. For taking photos the cameras of the Device and the paired device are used. The pictures exchanged between the Device User and the App User are available and can be displayed on the Device and on the Myki Watch App.
You may withdraw each and every consent provided above through the settings of the application 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):
1.7. Anonymised data:
2.1. Data concerning the profile for the purposes of:
2.2. Data concerning the Device and the connected devices for the purposes of:
2.3. Data concerning the paired mobile device for the purposes of:
2.4. Data concerning location of the Device for the purposes of:
2.5. Data concerning the Device User for the purposes of:
2.6. Other data for the purposes of:
2.7. Anonymised data for the purposes of:
3.1. The mobile operators, servicing the telephone number from your account and the telephone number of the Device – for the purposes of the service to the extent that their cooperation is necessary for guaranteeing the functioning of the Device and the MyKi Watch App and for the purposes of direct marketing and advertisement to the extent that you have provided consent therefor.
3.2. 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 Device 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
3.3. Combain Mobile AB – for the purpose of determination of location coordinates of the Device. The privacy policy of Combain Mobile AB is accessible at the address: Combain Privacy Policy <- CLICK HERE
3.4. 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 our legitimate rights and interests in court and administrative proceedings;
3.5. State bodies and institutions in connection to checks and probes performed by them in compliance with the legal requirements and restrictions.
3.6. Affiliated parties of Shelly Europe Ltd. in a connectioned 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.
4.1. Data processed for the purpose of providing the Service - until the account is deleted.
4.2. Location data for the Device - until one of the following limits is reached - after every thousand record or up to а period of 90 days following the receipt of the data and upon receiving or sending a new record;
4.3. Chat history – until one of the following limits is reached - up to 100 chat messages or up to а period of 90 days following the receipt of the data and upon receiving or sending a new message.
4.4. Data provided on the basis of consent – until it is withdrawn, as provided, including through the settings of the MyKi Watch 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 limits, 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.
5.1.Right to access, including right to copy data undergoing processing:
5.2. Right to correct inaccurate personal data:
5.3. Right to delete („The right to be forgotten“) in the following cases:
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:
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 DEVICE:
In case You do not want to delete your account entirely, by using the features of MyKi Watch App through the Settings You may choose to:
Upon successful completion of the selected procedure the collected data will be IRREVERSIBLY DELETED.
5.4. Right of limiting processing when:
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.
5.5. Right of transferability of the data:
5.6. Right to object to the processing based on legitimate interest:
5.7. Right to object to the processing for the purposes of direct marketing:
5.8. 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 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.
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 Watch App, the applicable laws etc.
Any changes will become effective upon posting of the last version in the MyKi Watch App.
If you have any additional question, please do not hesitate to contact us at: dpo@shelly.com