General Data Protection Regulation (GDPR) Policy

WE VALUE YOUR PRIVACY

1. What is GDPR Policy

  • The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR's primary aim is to give individuals control over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. GDPR Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to the monitoring of their behavior as far as their behavior takes place within the Union. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

2. OBJECTIVE OF THIS PRIVACY POLICY

  • This GDPR Privacy Policy (Herein after referred to as ‘Private Policy’) comprises of comprehensive information regarding Freespy’s engagement with your personal data. This Policy applies for all services or features. The Policy also provides the terms of your use of the services or features.
  • The use of the Website is possible without any indication of personal data; however, if a user wants to use Freespy Service via our Website/Software, collecting and processing of personal data could become necessary. If the processing of personal data is necessary we generally obtain consent from the user as a data subject.
  • By means of this Privacy Policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects (users) are informed, by means of this GDPR Policy, of the rights to which they are entitled.
  • As the controller, Freespy has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Website/Software.
  • The objective of this privacy policy is to
    • Educate you on how we use the personal information you share with us.
    • Make sure you understand why we collect information, who uses it and how.
    • Explain your rights and protections in regards to personal information.
    • Share about the methods to safeguard your privacy.
  • Our purpose is to help you comprehend our Privacy Policy. Please be aware if you do not agree with this Policy, it is your decision as to whether you will use the Freespy Services.
  • This Privacy Policy is an integral part of the Terms of Use/End User Licence Agreement/User Agreement

3. DEFINITIONS

  • 3.1. ‘GDPR Regulation’ means Regulation of the European Parliament and of The Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive.
  • 3.2. ‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. (Herein after referred to as ‘Employer’ or ‘Parents’).
  • 3.3. ‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • 3.4. ‘Personal data’ means any information relating to an identified or identifiable natural person (‘Data subject/User’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • 3.5. ‘Data subject’ is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; A user of the Freespy Services. (Herein after referred to also as ‘Employee’ or ‘Child’)
  • 3.6. ‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • 3.7. ‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  • 3.8. ‘Data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
  • 3.9. ‘Biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.
  • 3.10. Freespy Software includes Freespy website and mobile application.

4. INTERPRETATIONS

  • 4.1. Words importing one gender include all other genders and words importing the singular include the plural and vice versa.
  • 4.2. Any reference to a statutory provision shall be deemed to include a reference to any statutory amendment, modification or re-enactment of it.
  • 4.3. References in this GDPR Policy to any clause, sub-clause, schedule or paragraph without further designation shall be construed as references to the clause, sub clause, schedule or paragraph of this GDPR Policy.

5. HOW WE COLLECT INFORMATION

  • 5.1. We will collect personal information from Users only if they voluntarily submit such information to us.
  • 5.2. We may collect personal information from Users in a variety of ways while visit our website or use of software or mobile application.
  • 5.3. The ‘Purpose of processing’ your personal data by Freespy and collection of information about you are as follows:
    • 5.3.1. Your intention to use our Service;
    • 5.3.2. In order for Freespy to provide the user with the ordered and purchased Service;
    • 5.3.3. For the performance of a contract to which the user is party, in accordance with Article 6(1)(b) of the GDPR and the collected data are necessary in order for Freespy to identify and bill the user and to charge its bank card number;
    • 5.3.4. For verifying your identity and providing customer care service and assistance;
    • 5.3.5. Analyze your use of our Website/Software and Service to better understand how they are being used so we can improve our Service and the user experience and engage and retain users.
  • 5.4. Please be aware that you are not obliged to provide us with your personal data. However, if you do not provide us with your name and email address, you may not be able to create an account to log in to and a purchase of Freespy Software, consequently, to use our Service and Features.

6. USE OF SOFTWARE

  • 6.1. The Freespy Software shall be used only in such cases
    • 6.1.1. By Parents with the aim of parental control;
    • 6.1.2. By employers to control the devices in their ownership that are operated by their employees;
    • 6.1.3. By the user on their own device;
    • 6.1.4. By the user with a consent of the device owner.
  • 6.2. By using the Software you acknowledge and agree that you will check all applicable local and state laws to make sure you are complying with all laws in your region. It may be illegal in your area to monitor other individuals on your own device. You will never monitor any Adult/Person/Employee/Child without valid permission and consent.
  • 6.3. For use of software, The Freespy may demand some personal information like Name, Address, E-mail ID, Mobile Number, Category of User, Details of Device etc. Further The Freespy may demand details of person whose device is to be monitored including access of certain data like contacts, chat, messages, location, recordings, call, Videos, photos etc.
  • 6.4. You understand that you require physical access to the device to install the Software.
  • 6.5. You agree that Freespy is not responsible or liable in any way for the installation of the Software on a target device.
  • 6.6. You will not allow any other third party to access your account or to utilize the Software. In case the access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that Freespy does not bear the responsibility, therefore.
  • 6.7. You will only install the Software on the devices which you own or any other device only with the consent of its owner.
  • 6.8. We reserve the right to modify, terminate, or refuse the Freespy Service to anyone for any reason and without notice at any time.
  • 6.9. For use of certain features on your device you may require to changes certain settings on your device.
  • 6.10. You are requested to check our compatibility policy before purchase of our software. If targeted device in which software is to be installed is not compatible, Please do not purchase our software
  • 6.11. By using the software, you acknowledge and agree that you will not further reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the software. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.
    • 6.11.1. belongs to another person and to which you do not have any legal right
    • 6.11.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner what so ever;
    • 6.11.3. harm Childs in any way;
    • 6.11.4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
    • 6.11.5. violates any law for the time being in force;
    • 6.11.6. impersonate another person
    • 6.11.7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
  • 6.12. You agrees that Freespy may discontinue any of the feathers or facilities provided by it due to any reason including due to changes in GDPR Regulation, Government Policies, Laws, Rules and Regulations etc.

7. RESTRICTION ON USE

  • 7.1. Controller shall processed Personal data lawfully, fairly and in a transparent manner in relation to the data subject.
  • 7.2. Processing of personal data for specified, explicit and legitimate purposes and not further processed in a manner.
  • 7.3. Controller shall when collecting data, only the personal data absolutely required for that purpose may be requested. This means that no data other than what is necessary can be requested, or stored.
  • 7.4. Personal data of data subjects must always be accurate and kept up to date. This is simple and straightforward, meaning that controllers are asked to ensure that data is kept accurate, and data subjects can update their data when required.
  • 7.5. Personal data must be processed in a way that ensures appropriate security, including protection against unauthorised or unlawful processing. Also, controllers must ensure that data cannot be modified by unauthorised persons.
  • 7.6. Personal data should be retained only while necessary. That is, personal data should be deleted once the legitimate purpose for which it was collected has been fulfilled. This is not simple, and needs to be determined in line with applicable laws that may sometimes require personal data to be retained for a longer period than the originally envisaged processing purpose.
  • 7.7. All personal data processing should be fair; that is, controller do not perform processing that is not legitimate. Also, controller should be transparent regarding the processing of personal data, and inform the data subject in an open and transparent manner. This means that personal data should be processed if, and only if, there is a legitimate purpose for the processing of that personal data.

8. LAWFULNESS OF PROCESSING

  • Processing shall be lawful only if and to the extent that at least one of the following applies:
  • 8.1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  • 8.1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  • 8.3. Processing is necessary for compliance with a legal obligation to which the controller is subject.
  • 8.4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
  • 8.5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • 8.6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

9. PARENTAL CONSENT POLICY / CHILDREN’S PRIVACY

  • 9.1. Provision of Freespy Service generally not aimed at children. This Website is not intended for use by children under the age of 18 or applicable age for children from time to time as per applicable law.
  • 9.2. Freespy is acting in compliance with Children's Online Privacy Protection Act (COPPA) or GDPR. We do not knowingly collect information from children. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Website without their permission.
  • 9.3. Our Website/Software is not directed to, nor do we knowingly collect personal data from children under the age of 13/16. If we obtain actual knowledge that we have collected personal data from a child, we will comply with industry guidelines and applicable laws and will promptly delete it, unless we are legally obligated to retain such data.
  • 9.4. Processing of the personal data of a child shall be lawful where the child is at least 16 years old – No parent consent require.
  • 9.5. If the child is below the age of 16 years to 13 years (as applicable lower age provided by particular Member state), then a parent needs to provide the consent as “ACCEPTED” for processing personal data.
  • 9.6. We do not collect information you have gathered from the child’s target device.

10. PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

  • Above mentioned para shall not apply if one of the following applies:
  • 10.1. The data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject.
  • 10.2. processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.
  • 10.3. Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
  • 10.4. processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects.
  • 10.5. Processing relates to personal data which are manifestly made public by the data subject.
  • 10.6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
  • 10.7. Processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
  • 10.8. processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph3.
  • 10.9. processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy.
  • 10.10.processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article89 (1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

11. PERSONAL DATA OF CONTROLLER

We strive to be compliant with GDPR and implemented data minimization principle. The Personal data as defined above which we collect consist of:

  • 11.1. Full name (first and last)
  • 11.2. E-mail address, providing the data subject with the ability to register an account and become a user of our Service with the purpose to use the Freespy Software correspondingly,
  • 11.3. Payment method as defined in ‘privacy policy’,
  • 11.4. IP address – assigned by the Internet service provider (ISP) and used by the data subject/user,
  • 11.5. Permission and Access of contacts, chat, messages, location, recordings, call, Videos, photos of the cellphone.

12. WITHDRAWAL OF CONSENT

  • 12.1. Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
  • 12.2. If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

13. RIGHT TO ACCESS OF DATA SUBJECT

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • 13.1. The purposes of the processing;
  • 13.2. the categories of personal data concerned;
  • 13.3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • 13.4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • 13.5. the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • 13.6. the existence of the right to lodge a complaint with a supervisory authority;
  • 13.7. where the personal data are not collected from the data subject, any available information as to their source;
  • 13.8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
  • Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

14. RIGHT TO ERASURE

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • 14.1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • 14.2. The employee withdraws consent to which the processing.
  • 14.3. The employee objects to the processing direct marketing purpose pursuant to Article 21(2) of the GDPR.
  • 14.4. The personal data have been unlawfully processed.
  • 14.5. The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Freespy, he or she may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the erasure request is complied with immediately.

15. DATA PORTABILITY

  • Each data subject shall have the right granted to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
  • in order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by the Freespy or another employee.

16. RIGHT TO OBJECT

  • 16.1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
  • 16.2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
  • 16.3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
  • 16.4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
  • 16.5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
  • 16.6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

17. DEROGATION/ REPEAL CLAUSE:

Notwithstanding as above mention provisions, in following conditions Controller shall transfer personal data to third party or an international organization:

  • 17.1. The data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards.
  • 17.2. The transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request.
  • 17.3. The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person.
  • 17.4. The transfer is necessary for important reasons of public interest.
  • 17.5. The transfer is necessary for the establishment, exercise or defence of legal claims.
  • 17.6. The transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.
  • 17.7. the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by Union or Member State law for consultation are fulfilled in the particular case.

18. LEGAL BASIS FOR THE PROCESSING/MONITORING:

  • 18.1. Article 6(1) - A GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case the processing is based on Article 6(1)(b) GDPR.
  • For example, our software features/services which required processing operations are necessary for the performance of a contract.

19. SEVERABILITY

  • 19.1. In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.

20. APPLICABLE LAW

  • 20.1. Any dispute arising out of these Agreement, privacy policy, all other policies or the documents they incorporate by reference and/or your use of the software shall be governed and construed in accordance with the laws of India.

21. JURISDICTION

  • 21.1. The High Court at Gujarat or its Subordinate Court at Bhavnagar only and no other shall have jurisdiction over any disputes arising out of all claims, suits or actions under this License. This Agreement shall be governed and interpreted by the laws of Republic of India.

22. AMENDMENT

  • 22.1. Freespy reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on website of Freepy, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement website of Freepy,. If there is a conflict between this Agreement and the most current version of this Agreement, posted at website of Freepy,, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Termination Clause under this agreement.

23. HEADINGS.

  • 23.1. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

23. HEADINGS.

  • 23.1. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

24. ENTIRE AGREEMENT

  • 24.1. This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters.
  • GDPR Version:2.0.1
  • GDPR Version Date: 13/09/2021