PRIVACY POLICY

Last updated July 28, 2024

AGREEMENT TO MY LEGAL TERMS


This privacy notice for Ihar Petushkou ("Ihar Petushkou", "I," "me," or "my"), describes how and why I might collect, store, use, and/or share ( "process") your information when you use my App ("App" ), such as when you:

  • Download and use my mobile application (TrailCatch)
  • Engage with me in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with my policies and practices, please do not use my App. If you still have any questions or concerns, please contact me at trailcatch@icloud.com.

1. WHAT INFORMATION DO I COLLECT?

Personal information you disclose to me

In Short: I collect personal information that you provide to us.

I collect personal information that you voluntarily provide to me when you register on the App, express an interest in obtaining information about me or my products and App, when you participate in activities on the App, or otherwise when you contact me.

Personal Information Provided by You. The personal information that I collect depends on the context of your interactions with me and the App, the choices you make, and the products and features you use. The personal information I collect may include the following:

  • names
  • email addresses
  • usernames
  • contact preferences
  • contact or authentication data

Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, I process the following categories of sensitive information:

  • health data
  • geolocation data

Social Media Login Data. I may provide you with the option to register with the App using your existing social media account details, like your Facebook, X, or other social media account. If you choose to register in this way, I will collect certain profile information about you from the social media provider, as described in the section called "HOW DO I HANDLE YOUR SOCIAL LOGINS?" below.

Application Data. If you use my application(s), I also may collect the following information if you choose to provide me with access or permission:

  • Geolocation Information. I may access location-based information from your synced activities or from uploaded *.fit files. If you wish to change my access, you may do not save trail/activity geolocations while publishing your trails in the App.
  • Mobile Device Data. I automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using my application(s), I may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of my application(s) you accessed.
  • Push Notifications. I may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of my application(s), for troubleshooting, and for my internal analytics and reporting purposes.

All personal information that you provide to me must be true, complete, and accurate, and you must notify me of any changes to such personal information.

2. HOW DO I PROCESS YOUR INFORMATION?

In Short: I process your information to provide, improve, and administer my App, communicate with you, for security and fraud prevention, and to comply with law. I may also process your information for other purposes with your consent.

I process your personal information for a variety of reasons, depending on how you interact with my App, including:

  • To facilitate account creation and authentication and otherwise manage user accounts. I may process your information so you can create and log in to your account, as well as keep your account in working order.
  • To deliver and facilitate delivery of App to the user. I may process your information to provide you with the requested service.
  • To save or protect an individual's vital interest. I may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO I RELY ON TO PROCESS YOUR INFORMATION?

In Short: I only process your personal information when I believe it is necessary and I have a valid legal reason (i.e. , legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with App to enter into or fulfill my contractual obligations, to protect your rights, or to fulfill my legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require me to explain the valid legal bases I rely on in order to process your personal information. As such, I may rely on the following legal bases to process your personal information:

  • Consent. I may process your information if you have given me permission (i.e. , consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
  • Performance of a Contract. I may process your personal information when I believe it is necessary to fulfill my contractual obligations to you, including providing my App or at your request prior to entering into a contract with you.
  • Legal Obligations. I may process your information where I believe it is necessary for compliance with my legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend my legal rights, or disclose your information as evidence in litigation in which I are involved.
  • Vital Interests. I may process your information where I believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

In legal terms, I am generally the "data controller" under European data protection laws of the personal information described in this privacy notice, since I determine the means and/or purposes of the data processing I perform. This privacy notice does not apply to the personal information I process as a "data processor" on behalf of my customers. In those situations, the customer that I provide App to and with whom I have entered into a data processing agreement is the "data controller" responsible for your personal information, and I merely process your information on their behalf in accordance with your instructions. If you want to know more about my customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

If you are located in Canada, this section applies to you.

I may process your information if you have given me specific permission (i.e. , express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e. , implied consent). You can withdrawing your consent at any time.

In some exceptional cases, I may be legally permitted under applicable law to process your information without your consent, including, for example:

  • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
  • For investigations and fraud detection and prevention
  • For business transactions provided certain conditions are met
  • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
  • For identifying injured, ill, or deceased persons and communicating with next of kin
  • If I have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
  • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
  • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
  • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
  • If the collection is solely for journalistic, artistic, or literary purposes
  • If the information is publicly available and is specified by the regulations

4. WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?

In Short: I may share information in specific situations described in this section and/or with the following third parties.

I may need to share your personal information in the following situations:

  • Business Transfers. I may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of my business to another company.

5. HOW DO I HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to my App using a social media account, I may have access to certain information about you.

My App offer you the ability to register and log in using your third-party social media account details (like your Facebook or X logins). Where you choose to do this, I will receive certain profile information about you from your social media provider. The profile information I receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

I will use the information I receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant App. Please note that I do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. I recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

6. HOW LONG DO I KEEP YOUR INFORMATION?

In Short: I keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

I will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require me keeping your personal information for longer than the period of time in which users have an account with me.

When I have no ongoing legitimate business need to process your personal information, I will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then I will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO I KEEP YOUR INFORMATION SAFE?

In Short: I aim to protect your personal information through a system of organizational and technical security measures.

I have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information I process. However, despite my safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so I cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat my security and improperly collect, access, steal, or modify your information. Although I will do my best to protect your personal information, transmission of personal information to and from my App is at your own risk. You should only access the App within a secure environment.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada , you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada ), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?" below.

I will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe I am unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If I am relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?" below or updating your preferences .

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Log in to your account settings and update your user account.

Upon your request to terminate your account, I will deactivate or delete your account and information from my active databases. However, I may retain some information in my files to prevent fraud, troubleshoot problems, assist with any investigations, enforce my legal terms and/or comply with applicable legal requirements.

If you have questions or comments about your privacy rights, you may email me at trailcatch@icloud.com.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ( "DNT" ) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized . As such, I do not currently respond to DNT browser signals or mobile operating systems or mobile applications or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that I must follow in the future, I will inform you about that practice in a revised version of this privacy notice.

California law requires me to let you know how I respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, I do not respond to them at this time.

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia , you may have the right to request access to and receive details about the personal information I maintain about you and how I have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to my processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information I Collect

I have collected the following categories of personal information in the past twelve (12) months:

Category Examples Collected
A. Identifiers
Contact details, such as real name, usernames, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

YES

B. Personal information as defined in the California Customer Records statute
Name, contact information

YES

C . Protected classification characteristics under state or federal law
Gender, age, date of birth, race and ethnicity, national origin and other demographic data

YES

D . Commercial information
Transaction information, purchase history, financial details, and payment information

YES

E . Biometric information
Fingerprints and voiceprints

NO

F . Internet or other similar network activity
Browsing history, search history, online behavior , interest data, and interactions with my and other websites, applications, systems, and advertisements

NO

G . Geolocation data
Trail location

YES

H . Audio, electronic, sensory, or similar information
Images and audio, video or call recordings created in connection with my business activities

NO

I . Professional or employment-related information
Business contact details in order to provide you my App at a business level or job title, work history, and professional qualifications if you apply for a job with me

NO

J . Education Information
Student records and directory information

NO

K . Inferences drawn from collected personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

NO

L . Sensitive personal Information Account login information , citizenship or immigration status , health data and precise geolocation

YES

I only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive personal information. I do not collect or process sensitive personal information for the purpose of inferring characteristics about you.

I may also collect other personal information outside of these categories through instances where you interact with me in person, online, or by phone or mail in the context of:

  • Receiving help through my customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of my App and to respond to your inquiries.

I will use and retain the collected personal information as needed to provide the App or for:

  • Category A - As long as the user has an account with me
  • Category B - As long as the user has an account with me
  • Category C - As long as the user has an account with me
  • Category D - As long as the user has an account with me
  • Category G - As long as the user has an account with me
  • Category L - As long as the user has an account with me

Sources of Personal Information

Learn more about the sources of personal information I collect in "WHAT INFORMATION DO I COLLECT?"

How I Use and Share Personal Information

Learn about how I use your personal information in the section, "HOW DO I PROCESS YOUR INFORMATION?"

Will your information be shared with anyone else?

I may disclose your personal information with my service providers pursuant to a written contract between me and each service provider. Learn more about how I disclose personal information to in the section, "WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?"

I may use your personal information for my own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

I have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. I will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, I may decline your request as permitted by law. These rights include:

  • Right to know whether or not I are processing your personal data
  • Right to access your personal data
  • Right to correct inaccuracies in your personal data
  • Right to request the deletion of your personal data
  • Right to obtain a copy of the personal data you previously shared with me
  • Right to non-discrimination for exercising your rights
  • Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law) , the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ( "profiling" )

Depending upon the state where you live, you may also have the following rights:

  • Right to obtain a list of the categories of third parties to which I have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
  • Right to obtain a list of specific third parties to which I have disclosed personal data (as permitted by applicable law, including Oregon’s privacy law)
  • Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
  • Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

How to Exercise Your Rights

To exercise these rights, you can contact me by emailing me at trailcatch@icloud.com , or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. I may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, I will need to verify your identity to determine you are the same person about whom I have the information in my system. I will only use personal information provided in your request to verify your identity or authority to make the request. However, if I cannot verify your identity from the information already maintained by me, I may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorized agent, I may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if I decline to take action regarding your request, you may appeal my decision by emailing me at trailcatch@icloud.com. I will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits my users who are California residents to request and obtain from me, once a year and free of charge, information about categories of personal information (if any) I disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which I shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?"

11. DO OTHER REGIONS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: You may have additional rights based on the country you reside in.

Australia and New Zealand

I collect and process your personal information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020 (Privacy Act).

This privacy notice satisfies the notice requirements defined in both Privacy Acts , in particular: what personal information I collect from you, from which sources, for which purposes, and other recipients of your personal information.

If you do not wish to provide the personal information necessary to fulfill their applicable purpose, it may affect my ability to provide my App, in particular:

  • offer you the products or App that you want
  • respond to or help with your requests
  • manage your account with me
  • confirm your identity and protect your account

At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting me by using the contact details provided in the section "HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA I COLLECT FROM YOU?"

If you believe I am unlawfully processing your personal information, you have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

Republic of South Africa

At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting me by using the contact details provided in the section "HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA I COLLECT FROM YOU?"

If you are unsatisfied with the manner in which I address any complaint with regard to my processing of personal information, you can contact the office of the regulator, the details of which are:

The Information Regulator (South Africa)

General enquiries: enquiries@inforegulator.org.za

Complaints (complete POPIA/PAIA form 5): PAIAComplaints@inforegulator.org.za & POPIAComplaints@inforegulator.org.za

12. DO I MAKE UPDATES TO THIS NOTICE?

In Short: Yes, I will update this notice as necessary to stay compliant with relevant laws.

I may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this privacy notice. If I make material changes to this privacy notice, I may notify you either by prominently posting a notice of such changes or by directly sending you a notification. I encourage you to review this privacy notice frequently to be informed of how I are protecting your information.

13. HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact my Data Protection Officer (DPO) by email at trailcatch@icloud.com.

If you are a resident in the European Economic Area or Switzerland , I am the "data controller" of your personal information. You can contact me directly regarding my processing of your information, by email at trailcatch@icloud.com.

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA I COLLECT FROM YOU?

Based on the applicable laws of your country or state of residence in the US , you may have the right to request access to the personal information I collect from you, details about how I have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to my processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please check your account settings in the App.

If you want to delete your account please visit the following FAQ / How to delete my account?.

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