Privacy Policy

1. RESPONSIBILITY FOR THE PROCESSING OF YOUR DATA
This Privacy Policy describes how we collect, use, and share your personal data when you use our mobile applications, our websites and social media accounts, as well as our customer dashboard and other services we make available to our customers ("our Services" or "NeoData services" or "Call Timer services") and how we use personal data collected in the course of operating and administering our business. The purpose of this Policy is to inform you about our privacy practices and to ensure that you understand the purposes for which we collect and process your personal data. The following is a brief summary of the manner and purposes for which we process your personal data. TouchSpots SA DE CV ("NeoData", "Call Timer", "we," "us" or "our" “the Company”, “The App”) is the entity which is responsible for the control and processing of personal data that we collect from you when you use the Services. If you have any questions or concerns about NeoData’s use of your personal data, please contact us at contacto@touchspot.mx. Our mission is to help users to take control over their data usage and provide tools about coverage, performance and signal quality. We obtain the relevant data by collecting measurements relating to signal reception and quality from users of mobile devices. Where you agree to give us access to your data, we collect data from your mobile device both when you are using our app and when it is closed.
2. HOW WE COLLECT AND USE YOUR PERSONAL DATA
When allowed access to your data, we collect data from your mobile device both when you are using our app and when it is closed. The company only collects data and information anonymously and aggregate, without the processing of personal data of the USER. Notwithstanding the foregoing, in the event that the company may collect, access and / or process personal data, the User will be duly informed of the foregoing, said processing taking place in accordance with the regulations in force at any time. 2.1 Information collected. The application collects statistical data and measures necessary to determine network consumption, quality and coverage. This means that we do not record personal information or any content of your communications. All measured data is anonymous and encrypted by the application before being sent to our server. In this context the information collected contains: Device: We receive information about your device, device identifier, advertiser, operating system and version, manufacturer and model, internet provider (ISP) and your operator. Data Expenses: application usage information. We receive information about your interactions with the application, such as the pages or other content you see, the dates and times of your interactions, the frequency of your usage sessions. Third-party application: when you install the application, we can receive the names of the applications installed in interactions with those applications, network traffic, purchases in the application, dates and times of their interactions and the frequency of their use sessions. We receive similar information from your device Network: we receive statistics on usage coverage and performance of voice and data services together with network information such as access technology (2G / 3G 4G / WiFi), cell tower service, signal levels and signal timing. Plan: To understand the use of your plan, we only receive information about your mobile plan in conjunction with the consumption of data and voice to allow you to see and understand the use of your plan and perform statistics. No message is read at any time, and in the case of contacts they are only available for the application locally on the device and never being transmitted. Location: with your consent, when we measure the previous elements related to coverage and use, we know your approximate location from the antenna location or WiFi access. When your phone or one of your applications is using GPS location data, we use it to assess the location more accurately and, available with GPS information. This allows us to identify areas of use, or quality coverage that help improve our services. Browser Information For example, type of browser, cookies. Through the options of comments in the application you can help us and other users to facilitate a better understanding of their daily use, so if it were the case to show indicators of coverage or perceived network quality and performance in your area. We share the measured statistics with our partners to help them continuously improve the quality, performance of mobile networks and services. You can disable the collection of any measurement or data at any time by uninstalling the application. Sometimes, we will ask you for certain information (such as name, email address and or telephone number) to register or to take advantage of some of our offers or provide technical support. Likewise, we may communicate, even by electronic means, with the User if he has provided us with the means to do so. 2.2 Information collected by our Partners. The App collects statistical data and measures from mobile phone (including mobile signal quality data and location data) through a Software called Partner’s SDK installed in the app. One partner is OpenSignal which has the following policy: https://www.opensignal. com/privacypolicy-for-crowdsourcedata. These Data will be provided to our partners, which may share such data with its telecommunications customers. When allowed access to your data, we collect data from your mobile device both when you are using our App and when it is closed. Partner’s SDK take repeated measurements from your device from time to time including location data (which include GPS coordinates or similar information regarding the location of your device), network type, network operator, cellular and Wifi signal strength and quality, and the identifiers of connected cell towers and Wifi routers (including both BSSID and SSID). They also measure how data is flowing, both passively (by monitoring how fast it moves through other apps), and actively (by running a test that downloads or uploads data within our SDK). They do not monitor the content of your data usage. The goal of collecting the above data is to measure the experience you have of wireless networks. They also collect information from environmental sensors on your device (depending on which ones are integrated in your device), this allows us to measure things such as the device acceleration, orientation and the external atmospheric pressure and light intensity. They also measure some internal device conditions – such as battery temperature and voltage. The goal of collecting this data is to understand how instantaneous device conditions affect experience of mobile networks. To better understand differences between devices, they collect data on your device hardware such as the model, manufacturer, and manufacturers and models of sub-components (such as the cellular radio) and the capabilities of these components (for example the number of cores on the CPU). Similarly, to understand differences caused by software, they collect information on the mobile platform version used and whether custom ROMs or Android skins are installed. The goal of collecting this data is to understand how device properties affect experience of mobile networks. When you first use the app, Partner’s SDK a random identification code is generated by their software and allocated to your mobile device and used to identify your device whenever we take measurements. To further help them manage the data, they also collect your public IP address, the device MAC number, the Android serial number. These fields are needed for statistical purposes, for example to understand how much data is contributed by each device. 2.3 The purpuse for which our partners user your personal data. Measurements that they take from the mobile devices of individual network users allow them to create a detailed picture of the service availability, quality and performance of numerous mobile communication networks across the world and over time. They publish some of the statistical data that they generate and they provide it to their customers (such as network operators) to help them understand their own network’s service coverage, performance and signal quality (and those of their competitors). Although the end-product they produce is made up of aggregated anonymized data, the underlying ‘raw data’ which contains personal data of individual users is important for them and their customers for generating statistical data, validating the results, quality control and further analysis. 2.4 Legal basis for processing your data by our partners. They collect and process your personal data based on your express consent. If you give your consent for accessing your mobile data to take measurements, you can withdraw it through the personal settings on the app. In respect of any personal data collected from your device with your consent they also rely on our legitimate interest in conducting our business and in carrying out statistical and scientific research work and in providing analytical data to their clients.
3. LEGAL BASIS FOR PROCESSING YOUR DATA
We rely on the following lawful basis for the processing of your personal data: 1. Our legitimate interests in (among other things) delivering the Services, operating and administrating our business, complying with accounting, or reporting requirements, conducting commercial research, improving and maintaining the Services, personalizing and tailoring content made available to you through the Service, protecting the security or integrity of our databases, protecting our business or reputation, taking precautions against legal liability, dealing with our assets in the event of a business change (see further below), protecting and defending our legal rights or property, or for resolving disputes, investigating and attending to inquiries or complaints with respect to your use of the Services; 2. Where relevant, your express consent. If you give your consent for accessing your mobile data to take measurements, you can withdraw it through the personal settings on the NeoData app); 3. Where relevant, the fulfilment of our contractual obligations to you under our terms and conditions of service; and 4. Where relevant, for compliance with legal obligations to which we are subject.
4. HOW WE SHARE YOUR INFORMATION
We use the information we collect to provide, support, analyze, develop and improve the Services, as well as for the following purposes: Analyze your use of mobile applications and data; Coverage analysis and network quality, business intelligence and related services to third parties; Operation of the Services and the APP. Communicate with the User; Comply with applicable legislation, as well as prevent illegal activities; We may provide, to distribute to third parties any aggregate and anonymous information that does not include personal information to be treated in an aggregate and anonymous manner. Affiliated companies. Companies or third parties that are legally part of the same group of companies of which the Company is a part ("Affiliates"), or through commercial agreements ("Partners"), can provide us, or receive from us, aggregate and anonymous information, which will be used to operate, improve and develop our Services, as well as your own products and services. Business transfers. We can choose to buy or sell assets. In these types of transactions, user information is usually one of the transferred assets. If we (or our assets) are acquired, bankrupt, or go through any other change of control, the information may be transferred or acquired by a third party. Service providers. In the case of using other companies and third parties to perform tasks on our behalf ("Service Providers"), access to such Service Providers will be limited to aggregate and anonymous information. Service Providers have no right to use the information we share with them beyond what is necessary to provide the contracted services. Cookies and similar technologies "Cookies" are identifiers that we transfer to your browser or device that allow us browser or device and tell us how and when the pages and features of our Services are visited and by how many people. Pixels are invisible images to determine when and how often the page or function is. We may use cookies, pixels and similar technologies to help support, improve and operate the Services (for example, to help customize Services, to support the collection of data recognize its embedded in web pages that access us to an analytical or for security reasons). You may be able to change your browser or device preferences to avoid or limit your acceptance of cookies and similar technologies, but this may prevent you from taking advantage of some of our features. Third-party sites and services linked to the provision of the Services (or linked by the Services), such as advertising networks, analytics providers, add-on providers, social media platforms and our Affiliates, may also use cookies and similar technologies. This Privacy Policy does not cover such third-party sites or services, and we are not responsible for their privacy policies or practices (which may include the collection of information such as your IP address and your activity in the Services). We recommend that you review the relevant privacy policies of third parties for more information about their information practices. 4.1 How are our partners share your information a. Joint Controllers. They share some of the raw measurements that they collect from users’ mobile devices with some of their customers under the terms of data license agreements and data sharing agreements. Some of the data they share with their customers contains personal data such as datasets containing location data of individual users. Their customers are permitted to use the data for the purpose of analyzing it and generating aggregated data relating to the performance of their networks or telecommunications equipment (and competing networks or equipment) and to use aggregated data in their sales activities. Their customers are not permitted to use your personal data to communicate with you or to influence you or to profile or track individual users. They are required to keep your personal data confidential and to use appropriate means to protect it. Their customers have access to data such as location data of users to enable them to analyze the data and create statistical information based on the aggregation of data from numerous users. Their customers that receive such data from us are not permitted to disclose any datasets that contain personal data relating to specific individuals to their own customers or any third parties. b. Relation with our partner. They obtain access to data from your mobile device through software incorporated in the app(Partner’s SDK) which you download onto your device. However, our partner does not share with us any of the data they collect from your device. c. Service Providers. They may share datasets containing your personal data with third-party service providers that perform services on our behalf in connection with our Services, such as cloud service providers they may use or third-party analytical service providers. Where your information is shared with such third parties, they ensure that the third-party service provider will deal with your information only on our behalf and on our written instructions and solely for our benefit (and not for its own benefit). d. Business Change. If they become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of our business otherwise changes, they may share or transfer databases containing personal data of users to successor party or parties in connection with such transaction or change in ownership or legal structure. e. Necessary Disclosure. Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, they may disclose information about you to third parties to: (i) enforce or apply the terms and conditions of their Services; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or property, or that of our users or others; (iv) protect against legal liability; (v) establish or exercise our rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud; our rights, reputation, safety or property, or those of our users or others; violation of the Terms of Use, their policies or agreements; or as otherwise required by law.
5. HOW WE PROTECT YOUR INFORMATION
We take certain measures to protect personal data collected through the Service against loss, theft, and unauthorized access, use, disclosure, destruction or modification. These include physical, technological and administrative measures.
6. HOW LONG WE KEEP YOUR INFORMATION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Personal data (such as user’s location data or the user’s unique identifier which is created on first use of the NeoData app) contained in the sets of measurements of mobile network signal performance is held for an unlimited period of time as it is required for the production of statistical data over different periods of time and to compare performance data between different time periods. Insofar as the data is collected to enable us to recognize you as a user of the Services and to improve the Services provided to you, we will dispose of the data within a reasonable time after you cease to be a registered user of the Services.
7. COUNTRY OF PROCESSING
This User License and the relations established between the user and the company will be governed and resolved in accordance with the provisions of Mexican regulations regarding applicable law and competent jurisdiction in Mexico.
8. CHILDREN'S PRIVACY
The Service is not directed to children and is intended for use by adults only. We do not knowingly collect personal data from individuals under 16 years of age. If you are under the age of 16, please do not submit any information through the Service and do not provide your consent for the use of your data unless your parent or guardian has approved.
9. THIRD-PARTY SITES AND SERVICES
The Service may reference or provide links to other websites, applications, or resources. If you access any website, application, or resources provided by a third party, our Privacy Policy will not apply. Your interactions with such websites, applications, and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information.
10. CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of information to third parties for the third parties' direct marketing purposes. To make such a request, please send an email to contacto@touchspot.mx with "Request for California Privacy information" in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide to you via email a list of the categories of information disclosed to third parties for their direct marketing purposes during the immediately-preceding calendar year, along with the third parties' names and addresses. Please note that not all personal data sharing is covered by Section 1798.83's requirements.
11. APPLICATION
This Policy relates to your personal data, i.e., data about you, an individual, from which you be identified. This Policy therefore does not apply to any data insofar as it is held, processed, disclosed or published in a form which cannot be linked to a living individual (such as anonymized data, or aggregated data which cannot directly or indirectly be used to extract your personal data). We reserve the right to generate anonymized and aggregated data extracted out of any databases containing your personal data and to make use of any such anonymized and aggregated data as we see fit (including publishing such data and sharing it with third parties).
12. CHANGES TO PRIVACY POLICY
We may update this Policy from time to time, and the updated version of this Policy will be effective upon posting on the NeoData Services. Please check this page to review the most up-to-date version of this Policy. Latest version: Jan 2020.
13. QUESTIONS / CONTACTING US
If you have any questions regarding this Privacy Policy or if you wish to make a request,you may email us at contacto@touchspot.mx or contact us by mail addressed to: TouchSpots SA DE CV Corona Boreal 3987 Zapopan, Jalisco. Mexico.