MOBILE APPLICATION PRIVACY POLICY

Surface Asset Management Mobile Application

Last updated: August 19th, 2020

1.0 INTRODUCTION

Surface Corrosion Consultants Limited (hereinafter referred to as “the Company“we” or “us” or “our”), the provider of the mobile application respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use the Surface Asset Management Mobile Application (the “Application”). This policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in EU and UK privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an entity or individual in context. Please endeavor to read this Privacy Policy carefully.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

This Policy also applies to all the information collected by the application through other third party media applications, together with the Interactive and Mobile Services, the “Services”.  This Policy applies only to information collected through the application and Services but not to information collected offline.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.

2.0 SCOPE

Surface Corrosion Consultants Limited is the operator, provider of the Surface Asset Management Mobile Application and the controller of data collected from you by our web applications and through our Services. With respect to the use of our Services by EU data subjects, we are either a controller or processor of your data, depending upon the circumstances that give rise to our processing of your data. We are a United Kingdom corporation located in Belfast, Northern Ireland.

This mobile application is an Open Source app that may be provided with a cost and is intended for use as is.  If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

3.0 COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via the application depends on the content, features and materials you use, and includes:

3.1 Personal Data: These are data elements that identify you as an individual or relate to an identifiable individual or business.  We collect Personal Data in accordance with law and this Policy. Examples of such data are:

3.2 HOW WE COLLECT PERSONAL DATA

We may collect and use personal information from you through the App to provide you with access to the App. You may choose not to provide us with this information, but then you may not be able to access and utilize some section of the App.

3.2.1  The Information You Provide To Us

We process the information you provide to us on the legal basis of our legitimate interests in providing the function or service you requested. We may rely on alternate legal bases where appropriate, such as your consent to certain types of processing.  Users understands that in order to use an iOS application, you must register for an iOS account which will give you access to download the app.

Account Information: In some instances, certain Platform users may register for an account (a “Surface Asset Management Application”). We do not require you to register to use our application. However if you do register a Surface Asset Management Account, you will gain access to those areas and features of the Platform that require registration. We will collect certain information about you in connection with your registration for a Surface Asset Management Account, which may include personal data and other information such as a username and password.

In summary, we may request, collect, or process the following information:

§  Account Details - username, password, profile picture.

§  Contact Details - email address, phone number.

We may allow visitors to provide information to be published or displayed on public areas of the application, or transmitted to other users of the Platform or third parties (collectively, “User Submission”). Your User Submissions are posted on and transmitted at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users on the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

3.2.2  Information We Gather Through Automated Collection

As you use the application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

·       Details of your visits to and uses of the Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform (including your IP address, browsing and navigation patterns, click stream data, device metrics, etc.)

·       Information about your computer, mobile device and internet connection, including your IP address, operating system and browser type.

·       Access to your devices' Bluetooth, camera, local storage, WiFi or network information.

We also may use these technologies to collect information about your online activities over time and across third-party or other online services (behavioral tracking). The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the application and to deliver a better and more personalized service, including by enabling us to: (1.) estimate our audience size and usage patterns, (2.) store information about your preferences, allowing us to customize the Platform according to your individual interests, (3.) speed up your searches, (4.) recognize you when you return to our Website, (5) optimize your user experience across the application platform..

Any information that we collect automatically may be paired with personal information about you that we collect from other sources or you provide to us.

We process the information we collect about you automatically on the legal basis of our legitimate interests in providing the function or service you requested. We may rely on alternate legal bases where appropriate, such as your consent to certain types of processing.

3.2.3  Third-Party Use Of Cookies and Other Tracking Technologies

The Application may contain links to third-party websites. If you click any of these links, you leave the Application and may be taken to an independent website managed by a third-party. These third-parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when navigate to them from our Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Links do not imply endorsement, sponsorship, or recommendation of the third-party, their website, or the information it contains. This Privacy Notice does not apply once you have left our Platform. We do not control any third-party websites, including tracking technologies, which may be used on such websites. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

4.0 USE OF YOUR INFORMATION

The following table provides legal basis identifications uses of your information.

Use of information

Legal basis

(1) to present our Application and its contents to you, including to optimize the use of our Platform and its interface

GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(2) to provide you with communications, information or services, including those that you request from us

GDPR, Art. 6(1)(a):  you have given consent to the processing of your data for one or more specific purposes; or GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(3) to analyze your use of the Platform in order to update, modify, improve, tailor, customize, or otherwise adjust the Application and its features

GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(4) to fulfill any other purpose for which you provide it

GDPR, Art. 6(1)(a):  you have given consent to the processing of your data for one or more specific purposes; or GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(5) to provide you with notices about your Surface Asset Management Account

GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(6) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us

GDPR, Art. 6(1)(b):  personal data is necessary for the performance of a contract.

(7) to notify you about changes to our Application or any services we offer or provide though it

GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(8) to allow you to participate in interactive features on our Application

GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(9) in any other way we may describe when you provide the information

GDPR, Art. 6(1)(a):  you have given consent to the processing of your data for one or more specific purposes; or GDPR, Art. 6(1)(f):  personal data is necessary for the purposes of the legitimate interests pursued by the Organization or by a third party, and there is no prejudice to the data subject arising from the use.

(10) or any other purpose with your consent

GDPR, Art. 6(1)(a):  you have given consent to the processing of your data for one or more specific purposes.

 

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this Privacy Notice.

Where you have provided consent, you have the right to withdraw that consent at any time via info@consultsurface.com, but a withdrawal of consent will not affect its validity up until the point you have withdrawn it.

5.0 DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. We will not share, sell, rent, or otherwise disclose your private personal information to third parties without your consent or another valid legal basis permitted by law. Your information may be disclosed as follows:

·       By Law or to Protect Rights:  If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

·       Third-Party Service Providers:  We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

·       Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

·       Business Partners:  We may share your information with our business partners to offer you certain products, services or promotions.

·       Other Third Parties:  We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

·       Business Transfers: If we are acquired by or merged with another company, if all or some portion of our assets are transferred to another company, or as part of a bankruptcy proceeding, financing due diligence, reorganization, or receivership, we may transfer the information we have collected from you to the other company or bankruptcy trustee or administrator.

·       To Protect Us and Others: We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which Surface Corrosion Consultants Limited is involved.

6.0 THIRD-PARTY WEBSITES

The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

7.0 SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

7.0 YOUR RIGHTS ACCORDING TO GDPR LAW

Surface Corrosion Consultants Limited seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed herein will apply to each individual data subject and may not apply to you depending upon your jurisdiction.

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, we will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply: the right to access (GDPR, Article 15); the right to rectification (GDPR, Article16); the right to erasure (GDPR, Article 17); the right to restrict processing (GDPR, Articles 18); the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20). You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).

If we process your information based on our legitimate interests as explained in this Privacy Notice, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings if you have registered with Surface Corrosion Consultants Limited. However, please note you may not opt-out of application-related communications, such as account verification, changes or updates to features of the Platform, or technical and security notices.

Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting us at: info@consultsurface.com. A withdrawal of consent will not affect the validity of our use of your personal data up until the point you have withdrawn your consent.

8.0 FAIR INFORMATION PRACTICES

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify you via email and in-app notification within seven business days.

We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individual have enforceable rights against data users, but also that individuals have here.   We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

9.0 ACCESS TO THE INFORMATION WE HAVE COLLECTED ABOUT YOU

Surface Corrosion Consultants Limited implore you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Platform uses of your information, or to withdraw any consent you may have granted to us. You can change, correct, request the deletion or removal of, and express any concerns relating to the collection, use, or disclosure of your personal information by e-mailing info@consultsurface.com. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may retain the information we receive about you for as long as necessary to fulfil our contractual and legal obligations, consistent with our data retention schedules, or indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. In addition, we may delete your personal data from our systems as part of a data retention plan. Following termination or deactivation of Surface Corrosion Consultants Limited, we may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.

Please note requests to delete or remove your information do not necessarily ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Platform, may no longer be available to you.

You also have the right to ask to see what information we hold about you, and what we are doing with it. This is known as a Subject Access Request, and must be made in writing to info@consultsurface.com.

You also have a right to request your information in a format which supports its portability. Please contact info@consultsurface.com should you wish to exercise this right.

10.0   POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

11.0   CONTROLS FOR DO-NOT-TRACK FEATURES

Most web applications and some mobile operating systems [and our 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. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

12.0   INTERNATIONAL TRANSFER OF INFORMATION

Please note information we collect about you may be transferred, processed and/or accessed by us in the United Kingdom or another country where we, or our Service Providers operate. Please be aware your personal data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United Kingdom and choose to allow us to collect information about you, please be aware that we may transfer your personal data to the United States of America and process and store it there.

If you are located in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from United Kingdom law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this Privacy Notice. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed.

13.0   AGREEMENT

We agree to the following:

14.0   CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we 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 us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

15.0   COPYRIGHT AND TRADEMARK NOTICE

The contents of this site are the exclusive property of Surface Corrosion Consultants Limited and may not be copied, distributed, displayed, altered or modified, or reproduced or transmitted, in any form or by any means including, but not limited to, electronic, photocopy, or otherwise, without the prior written permission of the company. The corporate and product names, slogans, logos and other content contained on this site are the registered or unregistered trademarks or service marks of Surface Corrosion Consultants Limited or are used by the company with the permission of their owners. The use, copying or alteration of any Trademark without the express prior written consent of the company or, where applicable, the registered owner's express prior written consent is strictly prohibited. The Trademarks are protected under the Trademark Act and by state or common law.

16.0   CAN SPAM ACT

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to send information, respond to inquiries, and/or other requests or questions.

To be in accordance with CANSPAM we agree to the following:

17.0   APPLE APP STORE

In the event you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

You acknowledge and agree that:

1.    this Agreement is concluded between the Company and you only, and not with Apple, and Company and its licensors, and not Apple, is solely responsible for the App and the content thereof.

2.    your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.

3.    the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;

4.    Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

5.    Company, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a.) product liability claims; (b.) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c.) claims arising under consumer protection or similar legislation, including in connection with the App’s use of other frameworks;

6.    in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;

7.    Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

You represent and warrant that: (a.) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b.) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints, or claims regarding the Application, please contact us at:

Email:          info@consultsurface.com

Address:          300 Cregagh Road, Belfast, BT6 9EW, UK

By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

18.0   ACCEPTANCE OF POLICY

By using this Site, you signify your acceptance of this policy.  If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

19.0   ACCURACY OF CONTENT

While Surface Corrosion Consultants Limited uses its best efforts for the information contained in this site to be as accurate and reliable as possible, errors may sometimes occur. Surface Corrosion Consultants Limited reserves the right to revise the information contained on this site and to make such changes without notice to past or present users of our site. Links to Other Sites To this extent that this site may now or in the future include links, facts, opinions or recommendations of different individuals or organizations, Surface Corrosion Consultants Limited does not guarantee the accuracy or completeness or otherwise endorse these links, facts, opinions and recommendations.

20.0   CHANGES TO OUR PRIVACY NOTICE

It is our practice to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website. The date the Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and Platform and this Privacy Notice to check for any changes.

 

 

CONTACT US

We hope this policy responds to your questions about our collection, use and disclosure of your personal data. If you have additional questions or want to contact us for a specific purpose, please select from the following:

                Access/Corrections:   Please send any request to access, amend or delete certain personal data we hold about you to the contact address below.

                Complaints and other questions: You should send any questions you may have about this policy or any complaints you have about how we have handled your personal data to the contact address below. If you feel our response is not satisfactory, we will refer you to a neutral and independent dispute resolution organization.

                Security: If you have reason to believe that the personal data we hold about you, such as your account with http://consultsurface.com/, other program Profile(s), or other membership information is no longer secure, you must immediately notify us of the problem by either visiting the Support Page on our website or writing to our Physical Address: Surface Corrosion Consultants Limited, 300 Cregagh Road, Belfast, BT6 9EW. or Email: info@consultsurface.com.

We appreciate your concerns and will seek to resolve any concerns and disputes.  Thanks for reading. Hope we made you feel a little more comfortable about using our website at http://consultsurface.com /.

 

This Privacy Policy was last updated on August, 2020.