Data Protection Policy

- McSpy -

 

1. Provider

Zimiq GmbH Immermannstr. 13, 40212 Düsseldorf, Email: [email protected], Tel.: 0800999324, (hereinafter referred to as "Zimiq"), operates the service McSpy for the localisation of registered mobile phones ("McSpy" or "Service").

Zimiq takes the protection of your personal data extremely seriously and complies with the applicable data protection regulations. The following declaration provides you with an overview of how Zimiq ensures this protection and the type of data raised for which purpose.

 

2. User

With the installation of the McSpy App at a terminal you confirm that you are the authorised user of this terminal. The installation by a non-authorised person is explicitly prohibited and may lead to persecution according to criminal law.

 

3. Component of the Content Offer / application of Zimiq Privacy Policy

Prerequisite for the usage of McSpy is the conclusion of a fee-based Content Licensing Agreement with Zimiq which in turn may require that you have provided your consent for the Zimiq Privacy Policy (if available). This McSpy Data Protection Policy relies on the Zimiq Privacy Policy and applies in addition.

 

4. Personal data

Personal data are raised, processed and used in the context of the usage of the service only as described below. Personal data includes all individual information regarding personal or material circumstances of a certain or identifiable natural person (excluded: legal entities such as a GmbH (limited liability company) or AG (stock corporation). Personal data particularly includes information such as name, address, email address or occupational circumstances of a person.

 

5. Establishment, processing and usage of personal data

• General information

When utilising the Service, Zimiq raises, processes and uses personal data provided by you in the context of your registration, at the installation of the McSpy App on your terminal (e.g. mobile phone, tablet), the usage of the Service or any other form of contact (e.g. by way of contact form or email).

 

• Registration

The following (necessary) data are raised in the context of the registration: nickname, MSISDN and country.

 

• Installation

In the context of the installation of the McSpy App on your terminal ("McSpy target"), Zimiq raises and stores (necessary) data: nickname, IMEI, name of device, type of device, description of device, Google Cloud messaging label, width and length. 

 

• Usage of the Service

In the context of the usage of the Service, Zimiq raises and stores - beyond the data specified for registration and installation - the following (necessary) data: GPS data.

Zimiq uses this data, particularly the current transmitted "real-time" GPS data, to display the location of the McSpy target on the McSpy dashboard. The previously transmitted GPS data is not stored. So-called tracking of the GPS data over a certain period of time does not take place.

Furthermore, data generated and/or provided by you are used for contractual transactions and the processing of your enquiries. Following the complete processing of the Content License Agreement or the processing of McSpy, your data is blocked for further usage and deleted after the expiration of the retention periods prescribed by tax and commercial law.

 

6. Data transmission to third parties
    

• Zimiq will only transfer your personal data to third parties in the following cases:

 

1. For the processing of payments, the necessary payment data is transferred directly to our service provider and your mobile service provider (see Zimiq Privacy Policy).

2. In the event of a mandatory official or court order.

3. If the transmission is otherwise necessary for the execution of the Service.

• In order to prevent unintended usage of your data by third parties, you should ensure that your login data is not made available to third parties. Otherwise, these third parties could determine the location of your terminal.

 

7. Cookies
   
   

• The McSpy dashboard ("website") accessible via a website uses so-called Cookies at several locations. Among other, they serve to make the offer of Zimiq more user-friendly, effective and safe. Cookies are text information transferred by a website to the Cookie file of the browser on your computer hard drive or other terminal so that the website - among other - remembers which terminal you accessed. A Cookie typically contains the name of the domain from which the Cookie originates, the "lifespan" of the Cookie and a value, generally a randomly generated unique number. We utilise the following type of Cookies in the context of our Service:

  • Session Cookies: These are temporary Cookies remaining in the Cookie file of your browser until you leave the website. Session Cookies allow the identification of the terminal during the period of usage. This information is not stored after you have left the website.

  • Persistent Cookies: These remain in the Cookie file of your browser for an extended period. The duration depends on the "lifespan" of the particular Cookie. The Cookie deletes itself after the expiration of this lifespan. The purpose for the application of these permanent Cookies is to ensure the functionality of the Service. The permanent Cookies do not contain personal data. Name, IP address etc. are not stored. A list and detailed information regarding the applied Cookies are illustrated below:

    PHPSESSID: An initial supplier cookie required for normal site function such as the storing of the application status and user recognition.

    Session_id: An initial supplier cookie required for normal site function such as the storing of the application status and user recognition.

    Google Analytics: The two normal Google-Analytics-Cookies for traffic analysis.

 

• If you do not wish to accept these Cookies, you may decline them and object to access to the previously stored information by respectively adjusting your Web browser. The settings within your web browser which allow you to perform this action are different from browser to browser; generally, they can be found under "Data protection" or "Cookies" of the "Internet options" or "Characteristics" menus of your browser. If you require assistance to disengage Cookies, you should consult the "Help" menu of your browser. However, please note that you may not be able to utilise the functions of the Service defect-free, if the Cookies are disengaged.

 

8. Google Analytics

The website uses Google analytics, a web analysis service of Google Inc. ("Google"). Google analytics also uses Cookies (see description under item 6), which permit the analysis of your usage of the website. The information regarding your usage of this website created with the Cookie is generally transmitted to a server of Google in the USA and stored there. On this website, the IP anonymisation was activated so that the IP-address of the users of Google is initially abbreviated within the member states of the European Union or in other contracting states of the treaty throughout the European economic area. Your full IP-address is only transmitted to a Google server in exceptional cases and limited there. On behalf of Zimiq, Google will utilise this information in order to evaluate your usage, to compile reports regarding the website activity and to provide further services to Zimiq related to the usage of the website and the Internet. The IP-address of your browser transmitted in the context of Google analytics is not linked with other data by Google.

 

You can prevent the storing of Cookies with a respective setting of your browser software; however, Zimiq would like to inform you that in this case you may not be able to utilise all functions of this website. You can furthermore prevent the compilation of data (incl. your IP-address) created by the Cookie and related to your usage of the website to Google as well as the processing of this data by Google by downloading and installing the browser-Plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

 

9. Changes to these Data Protection Regulations

Zimiq reserves the right to adapt security and data protection measures if required due to technical or legal developments. In this case, we shall also adjust our references to data protection accordingly. For this reasons, please observe the respectively current version of our Data Protection Policy.

 

10. Questions and contact

You are entitled to receive free-of-charge information regarding your personal data stored at Zimiq as well as the right to correction, barring or deletion of this data, if applicable. If you have questions regarding the establishment, processing or usage of your personal data, regarding information, correction, suspension or deletion of data or the revocation of any consents or objection to certain data applications, please contact [email protected] or Tel: 0800999324

 

Annexure

Declarations of consent (Based on Nexus device with Android 6.0.1)

You have, if applicable, expressly provided Zimiq with the following consents and Zimiq has recorded your consent. You may revoke your consent effective for the future at any time. For this purpose, please consult the contact specified under item 10.

 

• Precise location (GPS and network-based)

"Allows the app to get your precise location using the Global Positioning System (GPS) or network location sources such as cell towers and Wi-Fi. These location services must be turned on and available to your device for the app to use them. Apps may use this to determine where you are, and may consume additional battery power."

 

• Read phone status and identity

"Allows the app to access the phone features of the device. This Permission allows the app to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call.”