We at vMobile Technology, Inc. take the protection of your personal data very seriously. Personal data means any information relating to an identified or identifiable person, such as your name, address, email-addresses, IP address, or user behavior etc. The following policy provides you with information about the collection of personal data 1. in relation to the administration of the contractual relationship between you and vMobile Technology, Inc., and 2. your responsible use of the functionalities of our vMobile Collaborator Pro (vMobile) product, consisting of the Software as well as the Server Services as described and defined in our End User License Agreement (“EULA”) (hereinafter collectively referred to as (our) “Product”).
vMobile Technology recognizes that its customers, visitors, users and others (collectively or individually "Users") who use vmobiletech.com or other websites in our domains owned or operated by Company ("Sites") and the related services including without limitation the mobile application, and all features and applications (collectively, the "Service") respects and value their privacy.
Note: throughout this document there are references to the General Data Protection Regulation (GDPR) presented as a link. The GDPR is a collection of all Articles of the GDPR of the European Data Protection Regulation is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe.
1. Personal Data collected and processed under control of vMobile
vMobile Technology (“vMobile”), 3000 East Sunrise Blvd. # 11F, Fort Lauderdale, FL 33304, is controller pursuant to Art. 4 para. 7 General Data Protection Regulation (“GDPR”) concerning any processing of personal data for which we determine the purpose and means of processing. For information on data processing for which we act as a processor on your behalf pursuant to Art. 4 para. 8 GDPR, i.e. in relation to your responsible use of the functionalities of our Product as described in the EULA, please refer to section 2. below.
B. Categories of data
I. Download, installation, and setup of the Product
By choosing to download our mobile application from a third-party operated app store, necessary personal data are provided to that app store. This particularly concerns your name/username, email address, and ID assigned to your app store account, time of the download and your device ID. The processing of your data through the operator of the App store is beyond vMobile’s control and we are not responsible for such processing. vMobile processes such personal data only insofar as it is necessary for the download to your mobile device.
When you install the Software and use the Product for the first time on a new device, we collect certain information from that device to ensure uniqueness. The specific information used will depend on the type of your device and platform operating system, but may include the device type, device name, the IMEI, the MAC address and the mobile/cell phone number.
We also collect and process information on the type of license (trial, fee-based, etc.) under which you use the Product.
II. Establishing a connection using the Product
Whenever you run the vMobile Software client, the vMobile master server infrastructure will register whether the device is available for a connection session with other devices. To achieve that, vMobile collects and processes your IP address, your location, vMobile Device ID, the Machine ID, and your chosen username and password. While trying to connect to another device, this data is exchanged between the vMobile master server infrastructure, selected vMobile routers, and the Software client of your envisaged connection partner. The decision on which connection paths are used, in particular which routing servers, depends on the analysis of this data, considering e.g. geography and current workload on individual routers. Once you successfully connect to another device, or devices, and thus establish a remote session with your connection partner, certain Event and Session Metadata such as an Event or Session ID, Event or Session Description, and the start and end times of your Event or Session, creation date, geo-location and any Members (Events) or Participants (Sessions) who have been invited to have access to that Event or Session will be collected and processed.
III. Signing up for a vMobile account
When you sign up for a vMobile account, vMobile collects your name, email-address, a password of your choice, along with time, date and time zone of your sign-in and creates a unique vMobile Account ID for your vMobile account.
IV. Product usage data
We collect and process information about how you use the Software and the Server Services. This includes the Event andSession Metadata mentioned above at 1.B.II., which features of our Product you use (including adding or removing Members or Participants, Recording Video, Capturing Images, Engaging in a Live Streaming Video Session, Notes and File Transfer), and how frequently you use them.
We may analyze this data together with information you submit to us, as further described under 1.C.IV. below.
V. License auditing
If you are using our Product under a Trial or Pilot basis, we will analyze your Product usage data (see above 1.B.IV.) to assess whether your usage pattern is in line with your indicated usage purpose and thus with the chosen license type.
If you use our Product in a way that violates any section of the EULA, we may ultimately block your access to the Server Services. In certain cases, this may involve an automatic decision-making process, where vMobile systems are configured to automatically put in place a limitation or even blocking your use of the Product.
If you think you are using our Product within the scope of the Trial or Pilot, you may submit a corresponding request by way of email including your name, email-address, affected vMobile username, and an explanation on your usage. vMobile will then analyze your submission and again evaluate your usage patterns. vMobile management reserves the right to make the final decision on the use of the product.
When you provide feedback concerning your experience when using our Product, vMobile will collect and process your vMobile Account ID (if you provide the feedback while logged-in), location, as well as any information you submit in your inquiry (including attachments such as log files or screen shots), which may contain your email-address, your name, company information, phone number, license key, or your vMobile username.
When you contact our support, we may collect your name, time and date of your request, and your email-address, if you contacted us via email, or your telephone number if you contacted us via telephone, as well as the content of your request.
C. Purpose and legal basis for processing
I. Download, installation, and setup of the Product
When you install and setup our Product, vMobile processes your personal data to provide you with the ability to use its functionalities. The legal basis to process your personal data as described under 1.B.I. is performance of our contract with you (i.e. the EULA) and thus Art. 6 para. 1 lit. b) GDPR.
II. Establishing a connection using the Product
Processing your personal data is necessary to provide you with the connection functionalities of our Product and thus to perform our contract with you.
III. Signing up for a vMobile account
When you sign up for a vMobile account, vMobile processes your personal data for the administration of the contract with you and to provide you with the product’s functionalities. The basis to process your personal data as described under 1.B.III. and is described in Art. 6 para. 1 lit. b) GDPR.
IV. Product usage data
We strive to continuously improve the experience of using our Product. In order to do so, we need to better understand and categorize the needs of you, our users and customers. To achieve this, we may analyze how you use our Product as described under 1.B.IV. To accomplish this, we gather information that is required to improve and further develop our Product, e.g. to help us decide whether we should keep or amend functionalities the Product currently has or whether to create new features. We also evaluate your usage of the Product in order to recognize abusive or abnormal usage patterns and thus to help protect our network and service integrity at any time. Analyzing this information in this way is necessary to either perform our contract with you and in accordance with Art. 6 para. 1 lit. b) GDPR and/or to fulfil our legitimate business interests pursuant to Art. 6 para. 1 lit. f) GDPR.
If you place an inquiry with vMobile, vMobile processes your personal data in order to evaluate and possibly respond to your feedback. Legal basis for processing your personal data as described under 1.C.IV. is Art. 6 para. 1 lit. b) and f) GDPR.
If you contact our support, vMobile processes your personal data in order to respond to your request. Legal basis for processing your personal data as described under 1.C.VII. is described in Art. 6 para. 1 lit. b) GDPR.
Where it is necessary for compliance with a legal or regulatory obligation that we are subject to, we process your personal data pursuant to Art. 6 para. 1 lit. c) GDPR.
vMobile has strong technical and organizational security measures to protect personal data against unauthorized disclosure to third parties and to ensure that only relevant individuals have access to any of your personal data.
We also use third-party service providers to help us operate our business and provide you with the functionalities of our Product and serve your requests. This includes providers of connection routing services or IT operation and maintenance services, (cloud) storage service providers, and providers of (cloud) collaboration tools. These third-party providers may receive access to personal data through the service they provide. Examples include; Amazon Web Services, Microsoft (Office 365), Vonage, etc.
vMobile chooses all third-party service providers with due care, obligates them to confidentiality, and concludes data processing agreements with them in accordance with the standards of the GDPR. Should you have any questions about any third parties we use, please contact us at firstname.lastname@example.org.
vMobile will not share your personal data with local authorities or courts except where we are required to do so by applicable law, a court order or a legally binding injunction.
E. Retention periods for personal data
vMobile retains your personal data for as long as is necessary according to the relevant legal basis for its processing. The exact retention period will thus depend on the categories of personal data and the processing purposes.
F. Statutory/contractual requirement
You may choose not to provide your personal data or provide incomplete personal data. However, you should be aware that you may not be able to engage in a contractual relationship with us or receive adequate support.
G. Automatic decision-making
Except as mentioned in 1.B.V. (License auditing), vMobile does not use your personal data for automatic decision-making that would produce legal effects or significantly affect you.
H. Your rights
You may contact us either in writing or by email at email@example.com in order to exercise the following rights to the extent you are entitled to do so under applicable law:
- You may access your personal data to check and review such data;
- You may request a copy of your personal data; You may demand that we supplement, correct or delete your personal data; or cease or restrict the collection, processing, use or disclosure of your personal data; the right of rectification also comprises the right to have incomplete personal data completed, including by means of providing a supplementary statement;
- You may object to the processing of your personal data (e.g. if we base our processing on legitimate interests (Art. 6 para. 1 lit. f GDPR) or use your personal data for direct marketing purposes);
- You may request to receive your personal data in a structured, commonly used format and – subject to your acquisition of the respective copyrights or other required rights – have it transmitted to another controller, provided that the processing is based on your respective consent or to execute a contractual relationship or a relationship prior to entering into a contract with you. vMobile requires a reasonable fee for providing your data.
- You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal data. In order to file a complaint, please contact the supervisory authority competent for your place of residency.
2. Information concerning your responsible use of the Product
A. Personal data processed through your use of the Product
In the following, we describe instances in which we are processing certain categories of personal data on your behalf when you use our Product.
I. Content data
Any content of screens, images, recorded video, notes, tagging, and video transmissions, or actual files that you exchange with anybody through our Product’s features and functionalities will be transmitted by vMobile using end-to-end encryption technology. This means that vMobile will not be aware of the content and subject matter of such exchanges. You, on the other hand, will have full access to this possibly personal and even sensitive data. The Product’s Session Live Streaming functionality enables you to be seen by other participants through your built-in device camera if you are the Publisher of the Live Stream. It is your responsibility to ensure that no rights of others are being infringed upon when such exchanges are initiated and conducted by you. Please bear this in mind, particularly when sharing information relating to persons not immediately involved in any current connection established through our Product (e.g. sensitive personal data on your device or the device of your connection partner that does not relate to either you or your connection partner).
II. Log sessions reporting
Our Product’s features will help you log and store metadata, including the date, time, geo-location and user information,associated with each image, recorded video, note captured, tags applied or removed, documents uploaded to and associated with both Events and Sessions. Log files including this personal data will be stored locally, i.e. on your device, and you can find the relevant path to the file through a link in the vMobile Software client.
III. Account data
Our Product gives you the opportunity to store and share certain information within your vMobile account, such as your email address, a username as well as a display name, and location.
IV. Member and Participant Lists
Within your vMobile account, you will also have access to lists of contacts as either Members (Event) or Participants (Session) containing information about those individuals. Please be mindful that contacts saved may contain data relating to persons who may not be aware that you saved them.
V. Data about employees or others using the Product under your license
vMobile, as a data processor, will enable you to log and monitor connections and other activities conducted by employees or other persons using the Product under your license, in particular with regard to account activities, Event and Session content and its associated metadata, etc. In your vMobile Administrator Console, you can activate and deactivate Users, thus withdrawing the use of vMobile for some or all of the accounts that are connected to your license, and you will be responsible for using these features in accordance with applicable laws, in particular data protection laws.
VI. Files and other content
If you use vMobile to upload and share files with other Members or Participants in an Event or Session, the App may require access to files stored locally on the device. This may be configured using device settings to enable and disable such access. Any files are shared only between Members or Participants of either an Event or Session and are stored by vMobile to either that Event or Session. If you do not grant permission to access the device folder, the App will not process the folder data. Please note that you may not be able to use this feature if you do not grant the App permission to access the folder.
B. Data usage
vMobile is using all of the personal data described in 2.A. above in order to provide you the functionalities of the Product as agreed in the EULA, and in accordance with the data processing provisions in the EULA, where additional information on security measures is available.
I. Data subjects rights
Data subjects may exercise certain rights in relation to the processing of their personal data through the Product towards you. As your technical service provider, we may assist you to answer such requests as described in the data processing agreement. Such rights may include accessing personal data, rectification, erasure, restriction of processing, data portability, and objection to the processing. Data subjects have the right to lodge a complaint with a supervisory authority in relation to the processing of their personal data.
Should you have any questions on the processing of personal data through vMobile, please contact us at: firstname.lastname@example.org.
Most recent update: 2020-07-31