Privacy Policy SMART PATROL

Effective date: September 01, 2024

INTRODUCTION

SMART PATROL (hereinafter “We” or “Provider”) is committed to respecting and protecting Your privacy. This Privacy policy may be supplemented by additional privacy statements, terms, or notices provided to You.

This Privacy policy describes the main aspects of our approach to collecting, processing, and protecting your personal data. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service.

1. TERMINOLOGY

1.1. Provider (or We, Us) - a company EVOSMART SOLUTIONS LTD, incorporated in the Republic of Cyprus, who operates the App and provides services through the App.

1.2. App - a mobile application (Smart Patrol___) and/or a web-interface (smartpatrolapp.com_) that allows businesses to provide security guardian activity:

● to manage and track compliance of Customer’s Personnel;

● to receive notifications (urgent signals) from Security officers;

● to store various data concerning Personnel, employees who may potentially be hired in the future, Clients or potential Clients;

● to exercise other activities specified in the App.

1.3. User (or You) - a person who creates an account on the App on behalf of the Customer or is a Customer and gives to the Provider personal and other data needed to register and log into the account on the App.

1.4. Potential User - a person who visits the App, contacts the Provider via email or other means of communication, or interacts with any of our online ads which we regard as a person who may register on the App in the future.

1.5. Customer (or You) - a business entity created under the domestic law of the place of its registration or a natural person who provides security guardian services, who has an account on the App, and is subscribed to a certain Service plan offered by the Provider.

1.6. DPA - Data Processing Agreement concluded between the Provider and the Customer.

1.7. Personnel - Customer’s employees, service providers, or independent contractors (including Security officers) whose Personnel Profiles are created by the Customer and linked to the Customer’s account.

1.8. Security officer - an employee or an independent contractor working for the Customer, whose main duty is to guard certain Facilities.

1.9. Client - a person whose belongings are guarded under respective agreements with the Customer.

1.10. Potential Client - a person who is interested in a Customer’s services and who may potentially enter a contract with the Customer.

1.11. Account - an account created by a User on the App.

1.12. Service plan - a subscription to a particular set of services offered by the Provider. A Service Plan may but need not have a specific name, such as, "Free", "Starter", "Premium" or "Enterprise".

1.13. Personnel Profiles - profiles created by a Customer for its Personnel and linked to the Customer’s account in a way that provides both the Personnel and the Customer with the ability to directly communicate with each other and to send specific notifications.

1.14. Facility - a Client’s belongings that are under the Customer’s guard.

1.15. Admin - a Customer’s Personnel exercising management powers on behalf of the Customer and having special Profiles (Admin Profiles) on the App allowing them to manage Clients’ and potential Clients’ data, manage Personnel Profiles, and communicate with Security officers through the App.

1.16. GDPR - General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

1.17. CCPA - the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. seq, and its implementing regulations, as may be amended from time to time.

1.18. Where this Privacy Policy uses the terms defined in the GDPR, those terms shall have the same meaning as in that Regulation.

This Privacy Policy shall be read and interpreted in light of the provisions of the GDPR.

This Privacy Policy shall not be interpreted in a way that runs counter to the rights and obligations provided for in the GDPR or in a way that prejudices the fundamental rights or freedoms of the data subjects.

1.19. Concerning the difference in terminology used in the GDPR and the CCPA in cases when CCPA shall apply to this Privacy Policy the following terms shall be interpreted in the following way according to the CCPA: "Personal Data" shall mean "Personal Information"; “Data Subject” shall mean “Consumer”; "Controller" shall mean "Business"; "Processor" shall mean "Service Provider"; and Sub-processor shall refer to the concept of a Service Provider engaged by the Provider to Process Personal Information.

2. OUR ROLE

2.1. EVOSMART SOLUTIONS LTD that owns and administers the App is a company registered and operating in Cyprus.

Considering the peculiarities of the App and services provided via the App, the role of EVOSMART SOLUTIONS LTD concerning data differs in the following way:

2.2.1. EVOSMART SOLUTIONS LTD is a Data Processor and not a Controller when it collects, processes, or manages Personal data in the context of providing App services to its Customers.

EVOSMART SOLUTIONS LTD acts as a Data Processor considering the following data:

● Any data related to the Customer’s Clients or potential Clients, which the Customer places and stores in its Account;

● Any data related to the Customer’s Personnel which is placed and stored in the Personnel Profiles or in the Customer’s Account;

● Any data related to the Customer’s Admin (if any) which is placed and stored in the Admins’ Profiles or in the Customer’s Account;

● Any data placed or provided by the Customer or the User, where We do not determine the purpose for which this data is processed and act on behalf of the Customer.

● Geo-Location Data submitted by Customers and/or their Personnel or automatically collected by our App during the use of the App by Customers and/or their Personnel.

Considering these data this is the Customer who is a data controller, while We are a data processor. In this case You as a Customer and a data controller are wholly responsible for compliance with the GDPR and any applicable laws, in particular, for processing personal data of the said categories of persons under legitimate grounds, for maintaining needed security level of processing, for guaranteeing rights of the said persons concerning their personal data.

We process such data on behalf of the Customer and in accordance with its reasonable instructions. The way We store, collect, manage and process these types of data is determined in the DPA.

2.2.2. EVOSMART SOLUTIONS LTD is a Data controller when it processes only Customers’, Users’ or Potential users’ Personal data, except for data specified in article 2.2.1. above.

The scope, the purposes, the ways and other details of processing personal data by EVOSMART SOLUTIONS LTD as a Data controller are specified in this Privacy Policy.

2.3. Specifically, for our users residing in the European Union (“EU”), please note that the administration of EVOSMART SOLUTIONS LTD is located in Ukraine, a country that is deemed to not provide an adequate level of data protection according to the European Commission. However, We take all necessary technical, organizational, and managerial measures to ensure the protection of your personal data in compliance with the GDPR and the highest standards of data protection.

Particular measures We take to ensure GDPR compliance are specified in Section 7 below.

3. USE OF THE APP

3.1. You may use the App or communicate with us in other ways as a Potential User, a User who has created an Account, or a Customer who has an Account and has subscribed to a Service plan.

3.2. Our Privacy Policy applies to any Potential User, User, or Customer of Our App, except for cases specified in article 2.2.1. above where We act as a Data processor.

4. PERSONAL DATA WE COLLECT

4.1. EVOSMART SOLUTIONS LTD does not collect, use, process, or disclose sensitive personal data (e.g. data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation).

However, if You as a Customer process some kinds of sensitive data of your Clients, Potential Clients, Personnel, or Admins (if any) using our Apps You as a data controller of these data bear full responsibility for compliance with the requirements of GDPR and other applicable laws concerning the processing of sensitive data.

If You violate any legal requirements concerning the processing of sensitive personal data of your Clients, Potential Clients, Personnel or Admins (if any), and a competent authority imposes sanctions on Us for these violations, You are required to:

(a) immediately step in the legal process initiated by the competent authorities and provide proof that it is You who process sensitive data;

(b) pay any fines, penalties, and damages (including reputational damages) for the violation of the said requirements during the terms specified by the competent authorities or third parties;

(c) compensate Us for all the fines, penalties, and damages (including reputational damages) We have been obliged to pay by the competent authority or by third parties during 5 days from the day when We have paid these fines, penalties, or damages.

If You do not perform the obligation specified in section (c) above, We reserve the right to withdraw the needed sum from the amounts You paid for the Subscription plan and to lodge claims and suits against You to the competent state authorities or courts at our discretion.

4.2. You are under no legal obligation to provide us with your personal data. However, if you refuse to provide such personal data, We may not be able to provide you with our services.

4.3. We collect different types of personal data depending on how You use the App.

4.3.1. If you are a Potential User, We may process the following types of your personal data:

- contact details - any data you provide us with while communicating with us, in particular: your name, email address, phone number, or any other information that may be used to communicate with You;

- automatically collected data (including non-personal data): Your operating system, browser type, Internet service provider, IP address, session recordings, browsing history on our App, the pages you clicked to reach our site, and the pages you clicked from our site, how often you visit the App, which pages you visit and when, which ad or email messages were presented to you and other information regarding your viewing history on our App. The details of collecting these data are also specified in our Cokie files policy.

- Data collected from third parties - any types of personal data provided by third parties to us under a contract or an agreement with these third parties. In this case, the third parties are wholly responsible for compliance with the respective data protection rules. When we receive Your personal data from third parties, we always get their guarantee that the data was provided to them on a legal basis and all the data protection rules have been observed, however, we are not able and are not obliged under any current law to check these guarantees.

4.3.2. If you are a User and/or a Customer, We may process the following types of data:

- registration data - the data that we require or ask You to provide Us with when You create an Account and/or Subscribe to a Service plan: Your full name, email address, phone number, job title, number of employees, average number of clients, as well as data provided by third party services for registration/authorization (e.g. data provided by Google, Facebook, etc. where You already have an account and want to authorize on the App using it).

- payment details - We may receive information related to Your purchases on the App, including information from third-party services We use to process payments: the last four digits of your credit/debit card number, CVV, expiration date, and the name of the cardholder, your bank account details (the number, the name of the bank, address of the bank, your address and other information related to your bank account).

- communication data - any of your personal data You provide us with while communicating with Us through the App or other services: support requests, interactions through instant messaging apps, participation in our online and offline communities and activities; surveys, feedback, and testimonials, written

correspondences, screen recordings, screenshots, and related information that may be automatically recorded, tracked, transcribed and analyzed.

- automatically collected data - data which we automatically receive or collect while You are using the App: your computer or mobile device, your operating system and browser type, internet service provider (ISP) and language settings, your IP address, browsing history, including referring and exit pages, connectivity, session recordings, technical and usage data, activity logs, the relevant cookies and pixels installed or utilized on your device, clicks, use of features and other interactions, and any information regarding your viewing history on the App, browser language, and browser time zone. The details of collecting these data are also specified in our Cookie files policy.

- data collected from third parties - any types of personal data provided by third parties to us under a contract or an agreement with these third parties, including third-party authorisation services which You use to create an Account (Google, Facebook, etc.),, third party payment services, third party tax status identifiers, etc.

5. PURPOSES AND WAYS OF DATA PROCESSING

5.1. We collect and process your personal data to provide You with access to all functions and features of the App and give you the best possible experience using the App.

5.2. The way we use Your personal data depends on the way You use the App and the way we process your personal data as specified in articles 4.3.1. and 4.3.2 above.

5.2.1. If you are a Potential User, We may process your personal data in the following ways:

- contact details:

● to provide You with support, respond to Your request or inquiry;

● to provide You with informational newsletters and materials relating to our App for general advertising purposes and personalized advertising.

- automatically collected data:

● to find out how our Potential Users engage with our App;

● to help facilitate our operations (e.g. collecting and analyzing non-personal analytics, developing new products or services, and improving our current content, products, and services;

● to prevent fraud, protect the security of our App, and address any problems with the App.

- Data collected from third parties:

● to improve our sales and marketing policies

5.2.2. If you are a User or a Customer, We may process your personal data in the following ways:

- registration data:

● to provide access to the App, to provide You with support while using the App, to respond to Your requests;

● to quickly and effectively communicate with you while providing You with the opportunity to use the App;

● to provide You with informational materials relating to the App, to share advertising materials with you concerning the App, which may be interesting for you considering the way you use the App;

● to optimize our services by analyzing the way Users and Customers use the App.

- payment data:

● To process the payment for Your purchase;

● to prevent possible fraud concerning your payment data.

- communication data:

● to provide quality control and to improve our services;

● to keep records of Our communication with you, in particular, for bookkeeping where this is required by law;

● to have proof of providing services to You where we are obliged to keep such proofs by the law (e.g. for taxation purposes);

● to operate and facilitate our services;

● to provide You with support, to monitor our services, and to detect and fix any technical problems.

- automatically collected data:

● to analyze how the App is used;

● to develop and improve the App, its content, and services We provide;

● to maintain the security of the App and solve any problems with the App;

● to provide You with targeted offers and advertisement related to our services.

- data collected from third parties:

● to provide You with our services effectively;

● to facilitate your quick registration or authorization on the App;

● to improve your usage experience when using our App;

● to provide You with targeted offers and advertisement related to our services;

● to process Your payments.

6. SHARING AND DISCLOSING YOUR PERSONAL DATA

6.1. Generally We do not disclose or share personal data of our Users, Customers or Potential users, unless otherwise provided by this Privacy policy.

6.2. We may share or disclose Your personal data to our trusted subcontractors and service providers with whom We have confidentiality agreements and who use these data only on our behalf to:

● help us to develop and improve the App;

● help us to analyze and to understand how You use the App; ● provide You with the advertisement;

● provide us with intermediary services (caching, conduit, hosting, etc.) and data analysis services.

The list of our subcontractors and service providers is contained in Annex IV to our Data processing Agreement. We can also engage other service providers and subcontractors, if they comply with all the requirements of GDPR and other applicable data protection laws as well as this article of Privacy Policy.

6.3. Your personal data may be shared or disclosed to a person (persons) who acquire Our business or substantial part of our assets by way of merger and acquisition procedure (M&A), liquidation, reorganization, insolvency, bankruptcy, or other comparable procedures. Your personal data may be shared or disclosed to such a person (persons) after the relevant procedure has been finished or during such a procedure.

6.4. We may disclose or share Your personal data if the applicable law (e.g. criminal law, criminal procedural law, etc.) requires us to disclose or share Your personal data with persons specified in the law under their request, under court decision or order, agencies’ or authorities’ decisions or requests. In this case we share or disclose your personal data solely to comply with legal or regulatory obligations imposed by applicable laws and regulations.

6.5. Some personal data from Your Account may be provided to third-party service providers whom You choose to register and authorize on our App (for example, Google, Facebook, etc.). The scope and the types of personal data that can be (but not necessarily will be) provided to such third-party service providers are determined by them. The obligations of these third-party service providers concerning processing Your personal data are determined in the agreements between You and them. We are not responsible for the way Your data are processed by these third-party service providers once they are provided to them.

7. INTERNATIONAL DATA TRANSFERS.

7.1. EVOSMART SOLUTIONS LTD has subcontractors and administration residing in Ukraine. We also retain a right to engage subcontractors residing in other countries. For this reason, some data may be transferred or may be accessible to these persons.

7.2. To ensure the level of data protection required by GDPR and other applicable laws We use the following mechanisms:

● any persons who are given access to Your personal data or to whom your personal data are transferred are subject to written contracts approved by the European Commission, which give personal data the same protection it has in the EU;

● Your personal data may be transferred to these persons only for the purposes outlined in articles 5.2.1 and 5.2.2. of this Privacy policy;

● any transfer of Your personal data to a third country or an international organization is done only on the basis of Our documented instructions or in order to fulfill a specific requirement under Union or Member State law to which we are subject and takes place in compliance with Chapter V of the GDPR;

● we and subcontractors engaged by us can ensure compliance with Chapter V of the GDPR by using standard contractual clauses adopted by the Commission in accordance with Article 46(2) of the GDPR.

7.3. Please contact us at inbox@smartpatrolapp.com if you would like further information on the specific mechanism used by us when transferring your personal data to third countries.

8. DATA SECURITY ISSUES

8.1. We have implemented and maintain technical and organizational security measures and procedures designed to reduce the risk of destruction, loss, or the unauthorized disclosure of or access to personal data.

8.2. Our technical security measures involve:

8.2.1. We use encryption (HTTPS) to protect data transmitted to and from our site. However, no data transmission over the Internet is 100% secure, so we can’t totally and entirely guarantee security. You use the Service at your own risk, and you’re responsible for taking reasonable measures to secure your Account.

Please ensure that your account credentials are known only to you. We recommend you to use a strong password for the access to your account.

8.2.2. We use physical, electronic, and procedural safeguards, e.g. secure servers, firewalls, antivirus, and SSL encryption of data.

8.2.3. We manage system entries and limit access of our employees and subcontractors on a need-to-know basis of least privilege rules, review permissions, allow access to personal data only in encrypted (pseudonymized or anonymized form), and cancel access immediately after the relationships with employees or subcontractors have been terminated.

8.2.4. We maintain and regularly review and update our privacy-related and information security policies.

8.2.5. We make backups of our databases and encrypt and store our backups within the production environment.

9. DATA RETENTION

9.1. We retain your personal data for as long as necessary to provide you with access to the App and for other essential purposes such as complying with our legal obligations, maintaining business records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.

It means that we retain your data during all the time when you use the App and generally 5 (five) more years after the day of your last activity or use of the Service.

9.2. In some circumstances, we may store your personal data for a longer time, in particular, where we are required to do so in accordance with legal, regulatory, tax, audit, accounting requirements, for an accurate record of your dealings with us in the event of any legal challenges or complaints, or if we reasonably believe there is a prospect of litigation relating to your personal data or concerning our relationship.

9.3. You can ask us to delete all your personal data at any time. However, We may refuse to do so in cases provided in Article 9.2. above as well as in cases stipulated by GDPR, i.e. when processing of Your personal data is necessary:

- for exercising the right of freedom of expression and information;

- for compliance with a legal obligation that requires processing by Union or Member State law to which We are subject or for the performance of a task carried out in the public interest;

- for reasons of public interest in the area of public health;

- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;

- for the establishment, exercise, or defence of legal claims.

9.4. With respect to data within the App, for which we serve as data processors, e.g. personal data stored in Personnel profiles, data related to the Customer’s Clients (the full list of such data see in article 2.2.1.), we will retain that data for as long as directed by You as a Customer. The Customer may choose to archive these personal data within the App, in which case such archived data will be retained until deleted by the Customer.

10. DATA STORING

10.1. We store your personal information on the servers located within the European Union or European Economic Area.

10.2. In order to ensure the integrity and protection of the data against accidental loss, destruction, or damage We may store the backup copies of the databases on the servers and cloud storages located in third countries, in which case We will strictly follow the requirements of GDPR and Section 7 of this Privacy policy.

11. YOUR RIGHTS CONCERNING PERSONAL DATA

11.1. As a data subject you have the following rights which are guaranteed by GDPR:

Right of access	You may request and we will provide you with the information on what kind of personal data we have about you and how we are using it. In cases provided by the applicable law, we may charge you a fee for this access.
Right to rectification	You may maintain your personal information on the App actual and rectify it in case of any changes
Right to erasure (Right to be forgotten)	You may delete your Account and all your personal information from the App or ask us to do so. Mind that generally we cannot restore information once it has been deleted. You may also request that we delete your personal data if either: (i) it is no longer needed for the purpose for which it was collected; (ii) our processing was based on your consent and you have withdrawn your consent (iii) you have successfully exercised your Right to Object (see below); (iv) processing was unlawful; or (iv) we are required to erase it in order to comply with a legal obligation. Please note that in order to ensure We do not collect any further personal data, you should also delete our App from your mobile devices, terminate your Account, and clear our cookies from any device where you have used our App. However, we may retain certain personal data (including following your request to delete it) in cases stipulated in article 9.3. above.
Right to restriction of processing	You can request to restrict processing of your data if: (i) you have contested its accuracy and wish us to limit processing until this is verified; (ii) the processing is unlawful, but You do not want us to erase the personal data and wish to restrict the use of Your personal data; (iii) We no longer need Your personal data for the purposes of its processing, but You need them for the establishment, exercise or defense of Your legal claims; (iv) you have exercised your Right to Object (as described below) and we are in the process of verifying our legitimate grounds for processing.
Right to data portability	You may request and We will provide you with your personal data in a commonly readable format.
Right to object	You may object to any kind of processing of your personal data which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we are granted the opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms or that we need to process Your personal data for the establishment, exercise or defense of legal claims. You may always object at any time to the processing of Your personal data, if they are processed for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. In that case We will stop processing Your personal data for direct marketing purposes immediately.
Right not to be subject to a decision based solely on automated processing	You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning You or similarly significantly affects You. However, We may retain our right to make automated decisions if: (i) You provided us with Your explicit consent concerning this; (ii) automated decision-making is necessary for entering or for the performance of a contract with You; (iii) We are authorized to automated decision-making by the applicable law if the law lays down suitable measures to safeguard Your rights, freedoms and legitimate interests. In cases (i) and (ii) We implement suitable measures to safeguard the Your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Us, to express Your point of view and to contest the decision.

11.2. In order to exercise your right, you may contact us via email inbox@smartpatrolapp.com.

Usually, we process such requests within 30 days.

11.3. When you request us to exercise any of your rights, we may ask you to provide us with additional information which allows us to identify You as an Account owner in order to prevent unlawful actions with your personal data.

12. COOKIES

12.1. We and our Subcontractors use cookies and other technologies to provide and monitor our App, to ensure that they perform properly, to analyze marketing activities, and to personalize your experience.

12.2. To learn more about our practices concerning cookies, please see our Cookie Policy.

13. POLICY REGARDING MINORS

13.1. Generally, we direct our Services to adult, professional audiences, and we do not knowingly collect, solicit, or market personal information from children under 18 years old (or older, if required by applicable law), and do not wish to do so.

13.2. We reserve the right to request proof of age (for example, we may request your month and year of birth) or parental or legal guardian consent at any time, and we may block users if we suspect they are under the applicable age.

13.3. If we learn that a child under 18 years old is using the App, we may block such use. If we become aware that personal information from a child has been collected, we will deactivate the Account and take reasonable measures to promptly delete such data from our records.

If you learn about any personal information we have collected from a child under the age of 18, please contact us immediately.

13.4. We encourage all parents, guardians, and others of the age of legal majority to instruct children to never give out their real names, addresses, or other personal information without permission when using the Internet.

14. CHANGES TO THIS POLICY

14.1. We reserve the right to revise this Privacy Policy at any time.

14.2. If we change this Privacy Policy in the future, we will post the revised Privacy Policy and update the “Effective Date,” above, to reflect the date of the changes.

14.3. If we make material changes to this Privacy Notice, we will inform you by notice on our Site, through the Servcies or by email.

15. QUESTIONS & CONTACT DETAILS

15.1. If you have any questions or concerns regarding privacy at SMARTPATROL, please contact us at:

● Email: inbox@smartpatrolapp.com

● Postal address: EVOSMART SOLUTIONS LTD, Strovolou, 77 Strovolos Center, 4th floor, Office 401 Strovolos 2018 Nicosia Cyprus

While we prefer that you contact us in case you have any issue or feel we do not respond adequately to your questions or concerns, please note that you have a right to lodge a complaint with your competent supervisory authority.