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Privacy Policy NickWatch and Caregiver App

Privacy Policy NickWatch – Summary

We, WatchinU Ltd. of 10 Nahalat Yitzhak, TEL AVIV-JAFFA , 6744809, Israel, as data controller are responsible for processing personal data that is collected from the NickWatch and the Caregiver App. 

The NickWatch has the purpose to protect the safety of your child and provide joy to the child: In the Caregiver App you can see the Child’s location on a Map. The Child can activate an SOS mode in case of emergency or communicate with you via the NickWatch. The child can enjoy games, stepcounter and other functionalities.

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Additional information for EU and UK users: 

Our EU local representative is:

 Ametros Ltd, 

Unit 3D, North Point House

North Point Business Park

New Mallow Road

Cork

Ireland

Tel: 0330 223 2246

Email: gdpr@ametrosgroup.com

Our UK local representative is:

Ametros Group Ltd

Lakeside Offices

Thorn Business Park

Hereford

England

HR2 6JT

Tel: 0330 223 2246

Email:

gdpr@ametrosgroup.com

For users in the EU/UK: Data will be processed in compliance with GDPR and processed mainly in the EU. If you want to exercise the rights pursuant to Art. 15 -22 GDPR, please contact our Data Protection Officer at support@nickwatch.com. 

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You will find more information on our data processing activities in the long version of this Privacy Policy below.

For information regarding the terms and conditions for using the NickWatch and the Caregiver App, please see www.nickwatch.com. Terms not defined in the Privacy Policy may be found in the NickWatch terms and conditions and in the Caregiver App itself. 

  1. Privacy Policy NickWatch 

This Privacy Policy describes the data processing activities in connection with use of the NickWatch and the associated application (“Caregiver App”).

Certain provisions in this Privacy Policy are addressed at users that are located in the EU/EEA or the United Kingdom (UK), where the EU- and/or UK-General Data Protection Regulation (“GDPR”) applies. These passages are highlighted especially. 

  1. Data Controller and Data Protection Officer 

The data controller is , WatchinU Ltd. 10 Nahalat Yitzhak, TEL AVIV-JAFFA , 6744809, Israel. 

Our EU local representative is: 

 Ametros Ltd, 

Unit 3D, North Point House

North Point Business Park

New Mallow Road

Cork

Ireland

Tel: 0330 223 2246

Email: gdpr@ametrosgroup.com

Our UK local representative is:

Ametros Group Ltd

Lakeside Offices

Thorn Business Park

Hereford

England

HR2 6JT

Tel: 0330 223 2246

Email:

gdpr@ametrosgroup.com

You can reach our GDPR Data Protection Officer via: support@nickwatch.com.

  1. Processing of Admin’s Personal Data 

Personal data of the administrator(s) of the Caregiver App (“Admins”) is processed as follows. The word ‘you’ in this section refers to Admins.

  1. Invitation to, and registration and creation of a profile in the Caregiver App 

Purpose: Admins (primary Admin, the “Family Manager” or secondary Admin invited by the primary Admin) must  be a parent and must register in the Caregiver App and create a profile as an Admin to be able to use the Caregiver App and connect to the NickWatch. The data is processed for purposes of providing the Caregiver App and also for IT-security and privacy purposes. 

Personal Data: 

  • E-Mail address, phone number, password, user status ‘Admin’. This data is mandatory to register in the Caregiver App; otherwise, a registration is not possible.
  • You can optionally provide us with your first name, last name, address (street address, city, state, zip code) and image to complete your profile in the Caregiver App, e.g. to save your address as “Home” on the map in the Caregiver App (“Map”). Your image and first name are then displayed as contact details for your Family Ring Members in the Caregiver App and on the NickWatch. You as the Admin can manage the contacts and change user names, e.g. “Mum” and “Dad”.

EU/UK: Legal Basis/Purpose of processing: We process the mandatory personal data in order to provide you with the functionalities of the Caregiver App and perform our contract with you (Art. 6 (1) (b) GDPR). We process the optional information based on your consent (Art. 6 (1) (a) GDPR) that you provide by inserting the respective details. You can withdraw your consent at any time by deleting such information in your profile in the Caregiver App.

Duration of storage: We process your personal data for this purpose as long as you have an active account in the Caregiver App. We will delete your personal data when our contractual relationship ends, e.g. when you delete your profile on the Caregiver App. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Information about your relationship with the Child when registering the NickWatch (only for Family Manager)

Please note that an adult in a parental or similar relationship with children using the NickWatch must carry out the onboarding process for the NickWatch! 

Purpose: We process the following personal data of the Family Manager for safety-reasons so that only persons who have a family or similar relationship with the Child using the NickWatch (“Child”) register the NickWatch on the Child’s behalf. The information about the relationship with the Child is not accessible to other persons.

Personal Data: Relationship between Family Manager and the Child. 

EU/UK Legal basis/Purpose for processing: We process the personal data in order to provide you with the functionalities of the Caregiver App and perform our contract with you (Art. 6 (1) (b) GDPR). 

Duration of Storage: We process the personal data for this purpose as long as you use our services. We delete this personal data when your subscription to our services ends, e.g. when you delete your profile on the Caregiver App. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Verify subscription and adulthood (only for Family Manager)

Purpose: We need to check with the telecommunications provider that you have subscribed for the NickWatch Services and to verify that you are at least 18 years old. 

Personal data: Phone number, IMEI number of NickWatch, number of the SIM card (ICCID) adulthood status (received by telecommunications provider), telecommunications provider, details of subscription (time and date; term; type of subscription).

EU/UK: Legal Basis/Purpose of processing: We process this personal data to perform our contract with you (Art. 6 (1) (b) GDPR). 

Data recipients: We share the telephone number and IMEI number with the telecommunications service provider with which you have a subscription for the NickWatch. 

Duration of Storage: We process the personal data for this purpose as long as it is necessary to verify the existence of a subscription and that the Family Manager is over the age of 18. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend legal claims or to comply with statutory retention obligations.

  1. Location Data

Purpose: If you have enabled location services on your device, we process your location data so that other users of the Caregiver App invited or approved by the Admin to be points of contact for the Child and Admins (“Non-Admin Family Ring Members” or “Family Ring Members”) are able to see your location on the Map. You or other Family Ring Members may also save specific locations, e.g. in order to enable automated notifications when you enter or leave the location. You can choose which Family Ring Member can see your location. Location data is updated every 3 to 5 minutes when the Caregiver App is open. When a Child’s location is being tracked, the watch will display a symbol to draw the Child’s attention to the location tracking. This symbol will be a green arrow the watch will display permanently at the top of the screen during tracking. 

Personal Data: GPS location data, time and date stamp of the location.

EU/UK: Legal basis/Purpose of processing: We process this personal data based on your consent (Art. 6 (1) (a) GDPR; and in Germany: § 13 TTDSG). When you create an account in the Caregiver App, you will be asked for consent to have your location tracked. You can withdraw your consent at any time in the future by deactivating location services in the settings of your device.

Duration of Storage: We do not save a history of your locations. We process the personal data as long as it is necessary to provide you with our services in relation to user’s live locations. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Emergency SOS Mode

Purpose: If the Child activates the Emergency SOS Mode, a pop-up window on the Caregiver App will allow you to choose to either make a silent call to the Child (this enables you to hear the Child’s surroundings without the Child needing to answer a call) or to track the live location of the Child in order to help and protect the Child in case of an emergency. Admins can set up which Family Ring Members will be notified in case of an emergency. Please note: This function will not notify the police or any other official authority.

Personal Data: IMEI number of the NickWatch, WatchinU system ID linked to IMEI number, emergency notification, time and date of notification, as well as Talk and Chat data as listed below. Please note that if you have not consented to location tracking, the Emergency mode is still available but without showing the location of the Child. 

EU/UK Legal Basis/Purpose of processing: We process this personal data to enable the Emergency SOS Mode on the NickWatch and perform our contract with you (Art. 6 (1) (b) GDPR; and in Germany Sec. 9 Telecommunications Telemedia Data Protection Act (TTDSG); contract performance). 

Duration of Storage: We do not save a history of Emergency SOS Mode notifications and associated personal data. We process the personal data as long as necessary for this purpose, i.e. for the time that the Emergency SOS Mode is activated. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Talk and Chat functions

Purpose: We process the following personal data in connection with the Talk and Chat functions of the Caregiver App, so you can communicate with the Child and / or other Family Ring Members individually or as a group via the NickWatch and the Caregiver App. 

Personal Data: 

  • For the ‘Talk’ functionality: name, duration of the call, time and date of the call, history of missed calls on the NickWatch with name, time and date; 
  • For the ‘Chat’ functionality: name, content of the text or voice message (this might include polls), time and date of the message, chat history;
  • Technical traffic data for both functionalities: IMEI number, WatchinU system ID linked to IMEI number of the NickWatch.

EU/UK Legal Basis/Purpose of processing: We process this personal data to provide you with the Talk and Chat functionalities to contact the NickWatch and other Family Ring Members via the Caregiver App as part of performing our contract with you (Art. 6 (1) (b) GDPR; and in Germany Sec. 9 TTDSG).

Duration of Storage: You can delete chat histories manually or it will be automatically deleted after one week. Otherwise, the data will be deleted per account deactivation. We store personal data as long as necessary to provide you with the Talk and Chat functionalities. When our contractual relationship ends, your data will be deleted. Traffic data is deleted when the connection ends. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Processing of Non-Admin Family Ring Members’ personal data

Personal data of the Non-Admin Family Ring Members’ is processed as follows. The word ‘you’ in this section refers to Non-Admin Family Ring Members.

  1. Invitation and registration

Purpose: An Admin can invite you as a Non-Admin Family Ring Member and you can subsequently register in the Caregiver App and create a user profile. 

Personal Data: 

  • E-Mail address and relationship with the Child (both provided by the Admin when inviting you to the Family Ring), password, user status ‘Family Ring Member’. This data is mandatory to invite you to and enable you to register in the Caregiver App; otherwise, a registration is not possible. 
  • You can optionally provide us with your first name, last name, address (street address, city, state, zip code) and image to complete your profile in the Caregiver App, e.g. to save your address as “Home” on the Map. Your image and first name are displayed as contact details for your Family Ring Members in the Caregiver App and on the NickWatch. The Admin can manage the contacts and change your user name for the NickWatch, e.g. “Mum” and “Dad”.

EU/UK: Legal Basis/Purpose of processing: We process the mandatory data in order to provide you with the functionalities of the Caregiver App and perform our contract with you (Art. 6 (1) (b) GDPR). We process the optional information based on your consent (Art. 6 (1) (a) GDPR) that you provide by inserting the respective details. You can withdraw your consent at any time by deleting such information in your profile in the Caregiver App.

Duration of Storage: We process your personal data for this purpose as long as you have an active account in the Caregiver App. We will delete your personal data when our contractual relationship ends, e.g. when you delete your profile on the Caregiver App. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations. 

  1. Location Data

Purpose: If you have enabled location services on your device, we process your location data so that other Family Ring Members are able to see your location on the Map. You or other Family Ring Members may also save specific locations, e.g. in order to enable automated notifications when you enter or leave the location. You can choose which Family Ring Member may see your location. Location data is updated every 3 to 5 minutes when App is open.

Personal Data: GPS location data, time and date stamp of the location.

EU/UK: Legal basis/Purpose of processing: We process this personal data based on your consent (Art. 6 (1) (a) GDPR; and in Germany: Sec. 13 TTDSG). When you create an account in the Caregiver App, you will be asked for your consent to have your location tracked. You can withdraw your consent at any time in the future by deactivating location services in the settings of your device.

Duration of Storage: We do not save a history of shared locations. We process the personal data as long as it is necessary to provide you with our services in relation to user locations. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Emergency SOS Mode

Purpose: The Child can use the Emergency SOS Mode to notify you in case of an emergency, once you have been added to the list of recipients by an Admin. If the Child activates the Emergency SOS Mode, a pop-up window on the Caregiver App will allow you to choose to either make a silent call to the Child (this enables you to hear the Child’s surroundings without the Child needing to answer a call) or to track the live location of the Child in order to help and protect the Child in case of an emergency. Admins can set up who of the Family Ring Members get notified in case of an emergency. Please note: This function will not notify the police or any other official authority. 

Personal Data: IMEI number of NickWatch, WatchinU system ID linked to IMEI number, emergency notification, time and date of notification.

EU/UK: Legal Basis/Purpose of processing: We process this personal data to enable the Emergency SOS Mode on the NickWatch and perform the contract with you (Art. 6 (1) (b) GDPR; and in Germany: Sec. 9 TTDSG).

Duration of Storage: We process the personal data as long as necessary for this purpose, i.e. as long as the Emergency SOS mode is activated. We do not save a history of Emergency SOS Mode notifications or associated personal data. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Talk and Chat function

Purpose: The Caregiver App has Talk and Chat functions, so you can communicate with the Child and / or other Family Ring Members individually or as a group via the NickWatch and the Caregiver App. The Family Manager can allow you to communicate with the Child by setting this in their Caregiver App.

Personal Data: 

  • For the ‘Talk’ functionality: your name, duration of the call, time and date of the call, history of missed calls on the NickWatch with your name, time and date
  • For the ‘Chat’ functionality: your name, content of the text or voice message (this might include polls), time and date of the message, chat history.
  • Traffic data for both functionalities: IMEI number, WatchinU system ID linked to IMEI number 

EU/UK: Legal Basis/Purpose of processing: We process this personal data to provide you with the Talk and Chat functionalities via the App to the NickWatch and as part of performing our contract with you (Art. 6 (1) (b) GDPR, and in Germany: Sec. 9 TTDSG).

Duration of Storage: You can delete chat histories manually or it will be automatically deleted after one week. Otherwise, the data will be deleted per account deactivation. We store personal data as long as necessary to provide you with the Talk and Chat functionalities. When our contractual relationship ends, your data will be deleted. Traffic data is deleted when the connection ends. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Processing of the Child’s Personal Data 

What Parents and the Child need to know

We encourage you as the parent or legal guardian of the Child to explain to the Child as the user of the NickWatch what the NickWatch can do and how this can affect the Child’s rights. Please help your Child to understand the data processing activities concerning their personal data as described below. The Child should know that Family Ring Members can see the Child’s location, are able to chat with and call the Child, and that the photos from the NickWatch will be synced with the Family Manager’s Caregiver App. You can find more information about the NickWatch at www.nickwatch.com.

For EU/UK users: If you are the Family Manager, but not the Child’s legal guardian, it is your responsibility to obtain consent of the legal guardian(s) for the Child’s use of the NickWatch.

The Child’s personal data that we receive is limited to the (nick-) name that you choose for the child. Any other personal data is accessible by the Family Ring Members via the Caregiver App and processed on our systems in a way that does not allow us to access and see them.

  1. NickWatch registration

Purpose: The Family Manager must register the NickWatch for the Child to use the NickWatch. The legal guardian shall register the Child. 

Personal Data: (Nick-) name of the Child, Relationship between Child and Family Manager, Child’s picture (optional). 

EU/UK: Legal basis/Purpose of processing: We process the Child’s (nick)-name to be able to allocate the NickWatch to a specific Child on the Caregiver App and to provide the Child with the NickWatch’s functionalities (Art. 6(1) (f) GDPR, legitimate interests). Our interest is to provide the functionalities of the NickWatch to the Child. We process the relationship between the Child and the Family Manager based on legitimate interests, namely the Family Manager’s and the Child’s interest in the Child’s safety (Art. 6 (1) (f) GDPR). We process the Child’s profile picture (if uploaded) based on consent (Art. 6(1) (a), 8 (1) GDPR). You can withdraw your consent at any time by deleting such information in your profile in the Caregiver App.

Data recipients: The (nick)-name and picture is shared with Family Ring members. 

Duration of Storage: We store the personal data as long as the Child actively uses the NickWatch. The Family Manager can remove the allocation of a specific Child to the NickWatch in the settings of the Caregiver App resulting in a deletion of the personal data. Beyond that, we delete the personal data when the subscription to our services ends and only further store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations

  1. The Child’s Location 

Purpose: The Family Ring Members can check the Child’s location on the Caregiver App. Family Ring Members can for instance see if the Child is safe at school or at a friend’s house. In case of an emergency, this data helps Family Ring Members to find and protect the Child. Admins can also save specific locations, e.g. in order to enable automated notifications when the Child enters or leaves the location.

Family Ring Members can also activate the ‘Live Location’ tracking on the Map resulting in the Child’s live location being available for ten minutes. Persons outside the Family Ring are not able to see the Child’s location. 

Personal Data: GPS location data, time and date stamp of the location; last location in case the NickWatch is powered off. 

EU/UK: Legal basis/Purpose of processing: We process this personal data based on the consent of – depending on the Child’s age – the Child or parent / legal guardian on behalf of the Child (Art. 6 (1) (a), Art. 8 (1) GDPR, and in Germany 13 TTDSG). The consent is provided by the Family Manager through a check box in the Caregiver App’s settings for the NickWatch. The Family Manager can withdraw the consent at any time in the future by turning location tracking off in the settings for the NickWatch. 

Data recipients: Admin(s) for the Family Ring and those Family Ring Members who the Admin(s) has provided with access to the Child’s location can see the location of the Child. 

Duration of Storage: We do not save a history of the Child’s locations. We process the personal data as long as it is necessary to provide you with our services in relation to the Child’s locations. When the NickWatch is powered off, Family Ring Members can see the last location. When the NickWatch is powered on again, the last location is no longer available. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Emergency SOS Mode

Purpose: The Child can activate the Emergency SOS mode so that Family Ring Members are notified and can help the Child in emergency cases. 

Personal Data: (Live) GPS Location, time and date stamp of the location; notification of emergency, time and date of notification; IMEI number, WatchinU system ID linked to IMEI number. 

EU/UK: Legal Basis/Purpose of processing: We process the notification, time and date of the notification and the IMEI information based on legitimate interests, namely the Family Manager’s and the Child’s interest in the Child’s safety (Art. 6 (1) (f) GDPR), and in Germany Sec. 9 TTDSG; contract performance). We process the Child’s location data based on consent (see Sec. B. IV. 2. for details).

Duration of Storage: We process the personal data as long as necessary for this purpose, i.e. as long as the Emergency SOS mode is activated. We do not save a history of Emergency SOS Mode usages or associated personal data. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Talk and Chat functionalities

Purpose: The Child can use Talk and Chat (including voice recordings) functions of the NickWatch, so that the Child can communicate with other Family Ring Members. 

Personal Data: 

  • For the ‘Talk’ functionality: Child’s (nick)-name, duration of the call, time and date of the call. 
  • For the ‘Chat’ functionality: content of the text (in this case: pre-drafted text, stickers or emojis and responses to polls) or voice message, time and date of the message, chat history.
  • Traffic data for both functionalities: IMEI number, WatchinU system ID linked to IMEI number.

EU/UK: Legal Basis/Purpose of processing: We process this personal data based on legitimate interests, namely the Family Manager’s and the Child’s interest in the Child’s safety and our interest in providing the functionalities (Art. 6 (1) (f) GDPR), and in Germany Sec. 9 TTDSG; contract performance).

Data recipients: The data is shared with those of the Family Ring Members or friends that receive the message or the call.

Duration of Storage: Chats can be deleted manually in the Caregiver App. The traffic data is deleted when the connection ends. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend legal claims or to comply with statutory retention obligations.

  1. Images taken with the NickWatch camera

Purpose: The Child can share images taken with the NickWatch camera with Family Ring Members. The images are either sent by the Child or synced with the Caregiver App of the Family Manager when the NickWatch is connected to WI-FI. 

Personal Data: Image (if it depicts natural persons, e.g. the Child), date and time when the image was taken.

EU/UK: Legal Basis/Purpose of processing: We process this personal data based on legitimate interests, namely the Family Manager’s interest in using the functions of the NickWatch and our interest in providing the functionalities (Art. 6 (1) (f) GDPR),

Data recipients: The data is shared with the Family Manager and those of the Family Ring Members where sharing is allowed.

Duration of Storage: We store the images in the Family Manager’s Caregiver App until the Family Manager deletes them or we delete them upon termination of the contractual relationship with us. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Pedometer

Purpose: The Child’s steps and activity minutes are counted by the NickWatch and synced with the Family Manager’s Caregiver App to motivate the Child to be more active and achieve milestones. 

Personal Data: Number of steps per day / week / month / lifetime of the NickWatch, minutes of activity per day / week / month / lifetime of the NickWatch, number of miles reached, number of minutes moved, achieved milestones.

EU/UK: Legal Basis/Purpose of processing: We process this personal data based on legitimate interests, namely the Family Manager’s interest in the NickWatch and our interest in providing the functionalities (Art. 6 (1) (f) GDPR).

 Data recipients: The data is shared with the Family Manager in the Caregiver App.

Duration of Storage: We store the personal data in the Caregiver App until the Family Manager deletes them or we delete them upon termination of the contractual relationship with us. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Add friends (not in the Family Ring) to Child’s contacts list

Purpose: The Child can add a friend who also has a NickWatch to their list of contacts. The details for such contact are sent to the Family Manager for approval prior to being added to the Child’s contacts. 

Personal Data: Phone number, WatchID, Child’s (nick)-name and image, and that they are a contact of the other Child.

EU/UK: Legal Basis/Purpose of Processing: We process this personal data because it is necessary to fulfil our legitimate interest in providing the Child with the NickWatch functionality to add friends to their contacts in accordance with our contract with the Family Manager (Art. 6 (1) (f) GDPR). 

Data recipients: The contact details are shared with the other NickWatch and the respective Family Manager for approval. 

Duration of Storage: We store this personal data for this purpose until the Family Manager deletes the contact or we delete them upon termination of the contractual relationship with us. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

  1. Data recipients

We share your data with partners, suppliers or agents involved in delivering you the NickWatch and the Caregiver App and the services you have ordered or used.

  1. Data Transfers

This Privacy Policy provides information about the data recipients for each processing purpose. Below, please find more details that supplement the information about data recipients:

  1. Processors: 

Processors are service providers that only act based on our instructions. We have selected those service providers carefully and entered into data processing agreements with them. 

  1. Other controllers

We pass on your personal data to other controllers who process the personal data for their own purposes, insofar as this is necessary for the performance of the agreement or the provision of service (e.g. telecommunications providers or courts or authorities if and to the extent we are required to do so by law)

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  1. Additional Information for EU and UK Users

The following additional information applies if you are located in the EU or in the UK: 

  1. EU Representative and Data Protection Officer 

Our EU local representative is:

 Ametros Ltd, 

Unit 3D, North Point House

North Point Business Park

New Mallow Road

Cork

Ireland

Tel: 0330 223 2246

Email: gdpr@ametrosgroup.com

Our UK local representative is:

Ametros Group Ltd

Lakeside Offices

Thorn Business Park

Hereford

England

HR2 6JT

Tel: 0330 223 2246

Email:

gdpr@ametrosgroup.com

You can reach our GDPR Data Protection Officer via: support@nickwatch.com.

  1. Third country transfers to non-EU/EEA countries

If we transfer your personal data to countries outside the European Economic Area (EEA) and United Kingdom (UK) or engage processors in such countries (for example in the USA), we implement safeguards required by law, i.e. the EU or UK Standard Contractual Clauses. You can obtain a copy of the respective safeguards by contacting us at * support@nickwatch.com.

  1. Your rights

The law provides you and the user several rights in connection to your personal data under certain circumstances.

  1. Right of Access

You have the right to request a confirmation from us if we are processing your personal data. If we are, you have the right to access information about the processing, such as what personal data is processed, based on which purposes and how long your personal data is stored. 

  1. Right to Rectification

If your personal data stored with us is incorrect, you have the right to request the correction of the data. You have the right to complete your personal data if it was incomplete, taking into account the purposes of processing.

  1. Right to Erasure (“Right to be forgotten”)

Under certain circumstances, you have the right to request the erasure of your personal data, e.g. if your personal data is no longer necessary in relation to the purpose of processing or if you withdraw your consent where processing takes place based on consent only. 

  1. Right of Restriction of processing

Under certain circumstances, you have the right to restrict the processing, e.g. if we are not allowed to process your personal data but you decline the erasure and requested the restriction of processing instead. 

  1. Right to Data Portability

Under certain circumstances, you have the right to request that we send you your personal data in a structured, commonly used and machine-readable format.

  1. Right to Object

You can object to processing your personal data if we process your data based on legitimate interests and cannot base it on other legal grounds, or if we process your personal data for direct marketing purposes. 

  1. Complaint with supervisory authority

You have the right to issue a complaint with a data protection supervisory authority if you think that our processing of your personal data does not comply with relevant laws.

If you are a Spanish user, you that you have the right to lodge a complaint with the Spanish Data Protection Authority (www.aepd.es).

  1. Additional Information for United States Users

This section describes your privacy rights if you are a resident of California, Colorado, Connecticut, Utah, or Virginia in the United States. this policy ensures compliance with COPPA and state privacy laws, and in particular: 

  1. Your California privacy rights
  2. California “Shine the Light”

Although we do not currently share your information for other companies’ direct marketing purposes, residents of California have the right to request information from us regarding other companies to whom we have disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email support@nickwatch.com . 

  1. Right to Access

Subject to certain exceptions, and legal obligations, you have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months, including whether we sell or share such information. You also have the right to request access to personal information collected about you and information regarding the following: the categories of personal data we collected about you; the categories of sources of that personal data; the business or commercial purposes for which we collect, sell, or share personal data; the categories of personal information about you that we have disclosed about you and the categories of persons or vendors to whom it was disclosed for a business purpose; and the specific pieces of personal data  we have collected about you. 

  1. Right to Correction

You have the right to request that we correct any inaccurate personal data we maintain about you. In response to your request, we may request additional information showing that the information you want to correct is inaccurate.

  1. Right to Deletion

You may request that we delete your personal data. This right is subject to certain exceptions, and legal obligations imposed by state or federal privacy laws. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers or processors to take similar action. 

  1. Right to Portability

You have the right to request that we provide a copy of the personal data we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. Once we receive your request and confirm your identity, we will provide to you a copy of your data as required under the applicable data protection laws. We may provide this data to you via email to the email address you have provided with your request. 

  1. Right to Opt-Out of the Sale or Sharing of Personal Data

You have the right to opt out of the sale or sharing of your personal information by Watchinu Ltd to third parties. We do not sell or share your personal information, as those terms are defined under California law.

  1. Right to Limit Use and Disclosure of Personal Data

You have the right to direct us to limit our use of your sensitive personal data to that use which is necessary to fulfill the purposes reasonably expected by an average consumer who requests those goods or services. California law considers the following pieces of personal data to be “sensitive”: social security number, driver’s license number or other government-issued identification number, financial account number, personal data collected and analyzed concerning a user’s health, any health insurance or medical identification number, an account password, security questions and answers, precise geolocation, contents of a text or email messages where we are not the intended recipient of the messages, or unique biometric data. We use sensitive personal data only as it is necessary to fulfill the purposes for which it was collected, and we do not use it to infer characteristics about you. 

  1. Your Colorado, Virginia, Connecticut, and Utah Privacy Rights
  2. Right to Access

Subject to certain exceptions, and legal obligations, you have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months, including whether we sell or share such information. You also have the right to request access to personal information collected about you and information regarding the following: the categories of personal data we collected about you; the categories of sources of that personal data; the business or commercial purposes for which we collect, sell, or share personal data; the categories of personal information about you that we have disclosed about you and the categories of persons or vendors to whom it was disclosed for a business purpose; and the specific pieces of personal data  we have collected about you. 

  1. Right to Correction

You have the right to request that we correct any inaccurate personal data we maintain about you. In response to your request, we may request additional information showing that the information you want to correct is inaccurate.

  1. Right to Deletion

You may request that we delete your personal data. This right is subject to certain exceptions, and legal obligations imposed by state or federal privacy laws. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers or processors to take similar action.

  1. Right to Portability

You have the right to request that we provide a copy of the personal data we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. Once we receive your request and confirm your identity, we will provide to you a copy of your data as required under the applicable data protection laws. We may provide this data to you via email to the email address you have provided with your request. 

  1. Right to Appeal

If you make a request to exercise any of the above data access rights and we are unable to comply with your request, you may request to appeal our decision. To appeal any data privacy request decision, please contact us by emailing support@nickwatch.com 

with the subject line “Data Access Request Appeal.” If after you complete the appeal process with us, you are still unsatisfied with our response, you may contact your Attorney General to file a complaint. Below are the contact information for the appropriate entity where you can inquire about filing an appeal: 

Colorado residents:

Office of the Attorney General

Colorado Department of Law

Ralph L. Carr Judicial Building

1300 Broadway, 10th Floor

Denver, CO 80203

(720) 508-6000

https://coag.gov

Connecticut residents:

Office of the Attorney General

165 Capitol Avenue

Hartford, CT 06106

Phone: (860) 808-5318

https://portal.ct.gov/AG

Virginia residents:

Office of the Attorney General

202 North 9th Street

Richmond, Virginia 23219

Phone: (804) 786-2071

https://www.oag.state.va.us
  1. How to submit a request

You or an authorized agent may submit a request to exercise your rights through one of the following means:

  1. By calling us toll-free at 1.833.693.a4955 
  2. By emailing us at support@nickwatch.com

Consumers may be required to submit name, email address, the website they have visited, and their city and state so that we can verify the request. We will not collect additional personal information from you for the sole purpose of your exercising your rights under the data protection laws.  Similarly, we will not require you to create an account of any sort, solely for the purpose of exercising your rights under applicable data protection laws.

  1. Authorized Agent

State consumer privacy laws permit consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the consumer. An authorized agent must follow the process described above to make a request, and we will additionally require the authorized agent to verify his/her own identity and we will confirm the agent’s authority with the California consumer about whom the request was made.

  1. Collection and Processing of Children’s Data (COPPA Compliance)

Purpose: To provide services through the NickWatch, we collect and process data obtained from the child’s use of the watch to ensure the functionality, safety, and delivery of the service.  

Personal Data Collected from the NickWatch:  

  • Geolocation data  
  • Activity data (e.g., steps, fitness tracking)  
  • Usage data (e.g., messages or alerts exchanged through the app)  

Parental Consent:  

In compliance with the Children’s Online Privacy Protection Act (COPPA), we require verifiable parental consent before collecting, storing, or processing any personal data from children under 13 years of age. The parent or legal guardian must create an account, provide their consent, and link the child’s watch to the system before the service is activated. Parents can review the data collected, withdraw consent at any time, and request the deletion of their child’s data as detailed below.  

Parental Rights:  

1. Right to Access: Parents can review the personal data collected from their child’s use of the watch through the app or by contacting us at support@nickwatch.com.  

2. Right to Delete: Parents can request the complete deletion of the child’s data by contacting customer support. Upon receiving the request, we will delete the data within a reasonable period and ensure that it is permanently removed from our systems.  

3. Right to Withdraw Consent: Parents can revoke their consent at any time. This will disable the child’s use of the watch and remove all associated data.  

Legal Basis:  

The collection and processing of children’s data are based on parental consent (COPPA) and performance of contract (Art. 6(1)(a) and (b) GDPR).  

  1. Contact 

To exercise your rights or if you have any questions in relation to processing your personal data, please contact us at support@nickwatch.com

Version updated October 2024