PRIVACY POLICY

Last updated November 2018

§ 1 General

I. Our website and the services available through it/contained therein are owned and operated by or on behalf of Be Tracked Media B.V. ; “data controller”, "we," "our" or "us"). This privacy policy applies to all personal data that is collected and used by us when you when you visit or use our websites, applications or other service we offer (‘Services’).

II. This Privacy Policy explains the ways in which we may collect, store, use and, in certain circumstances, disclose (all together “process”) your Personal Data in accordance with all applicable laws.

III. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. If you do not agree with the terms of this Privacy Policy, then do not browse our website and/or use our Services available through it/contained therein.

IV. "Personal Data", as used in this Privacy Policy, means any information relating to an identifiable person who can be, directly or indirectly, identified in particular by reference to an identifier. To give you a clearer idea of the aforesaid definition, Personal Data may include your name, home address, home or mobile telephone number, e-mail address, age, personal preferences and opinions; basically, any information that may be personally associated with you. In § 2 below, we describe your personal data we process.

V. In case any Personal Data you provided us with will be identified as being “Sensitive Data” (such as, but not limited to, information with respect to your racial or ethnic origin, political opinion, sexual preference or religion), we will ask your explicit consent for the use of such Personal Data in case such is legally required.


§ 2 Personal Data we collect and use

We collect and use the following types of Personal Data:

(a) Specific information you provide

When you use our Service, you will provide us, at least, with your mobile phone number (and in this regard the information which mobile operator and mobile device you are using). From time to time, we may organize special events (for example so called “giveaways”). In connection with such events, you most likely will (need to) provide us with additional information too (in order to be able to participate). Furthermore, in case we are in postal, phone or electronic mail contact with you (for example because of a refund you are requesting), you will need to provide us with further Personal Data such as, but not limited to, your e-mail address, your postal address, bank account details and/or a copy of your passport (your passport may be needed in order to be able to identify you).

(b) Browsing information

When you browse our websites and/or use our Services available through it/contained therein, our servers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, and use of the Services. We may combine this “activity information” with other personal data we collect about you.
Generally, we use this activity information to understand how our Services are used, track bugs and errors, improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.

(c) Financial information

In some countries and for some Services we offer various payment methods. Depending on the chosen payment method we, or our provider of the relevant payment service, may require other Personal Data such as but not limited to your name, suburb, creditcard number, bank account details and email address. This information is used to handle your order. The legal basis is the implementation of the agreement with you. Our website may contain hyperlinks to websites of third parties. We have no control over the websites of third parties linked to. It is therefore possible that a different privacy policy applies to the use of these third-party websites. This privacy policy only applies to personal data obtained by us. We do not accept any responsibility or liability for (the operation and / or content of) websites of third parties.

§ 3 Use of your Personal Data

I. We only use your Personal Data for the purposes described in this Privacy Policy and/or for the purposes described in other privacy notices that we might use for specific occasions (e.g. for special events as described in § 2 (a)). For any other purposes that are not described in this Privacy Policy, we will use your Personal Data only in case we have obtained an additional prior consent from you or in case we are otherwise authorized or required by law to use your Personal Data for that other purposes; in regard to the latter case, we will inform you about such a scenario.

II. We collect and use your Personal Data for the purposes set out below.

For the performance of our agreement with you:
• Provision of the Services you requested;
• Provision, billing and performance of our website and our Services contained therein/available through it as well as our special events including, but not limited to, promotions, contests, campaigns, etc.;
• Provide customer support; and
• Ensuring the technical functioning of our website, our Services contained therein/available through it and our network responsible for allowing us to provide our Services to you.
To comply with a legal obligation to which we are subject:

• Any information referred to above in the section ‘Personal Data collect and use’ may be used to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

For our legitimate commercial interests:

• Developing new Services, such based on your use of our Services;
• Auditing, research and (statistical) analysis in order to maintain, protect and improve our website and our Services contained therein/available through it;
Advertising and marketing of our Services;
• we may use your Personal Data for direct marketing purposes. In this context, from time to time, we may send you a marketing SMS (free of charge) in which we will inform you about our Service. At any time and in accordance with your rights described in this Policy, you may request the stop of further direct marketing messages;
• Protecting our (intellectual) property rights (including content that has been licensed to us) or other property of our users (e.g. your Personal Data);
• The Personal Data referred to above in § 2may also be used by us:
o to generate aggregated statistics about the users of our products and Services;
o to assist in security and fraud prevention;
o for system integrity purposes (preventing hacking, cheats, spamming, etc.);
o to facilitate our business operations, to operate company policies and procedures;
o to enable us to merge, sell, acquire, or transfer assets; and
o for other legitimate business purposes permitted by applicable law.

Use of information based on your consent:

• Furthermore, upon your explicit consent hereto (to the extent such consent is required) your Personal Data may also be used by us in order to inform you about our Services and special events. We may contact you via e-mail, telephone, post, SMS or equivalent electronic means - depending on what contact information we have received from you.

§ 4 Disclosing your Personal Data

We do not sell or otherwise transfer your Personal Data to third parties except in cases as described in this Privacy Policy. We will share your Personal Data with:

1. Service Providers. We may engage third party vendors, agents, service providers, and affiliated entities to provide services to us, such as billing services and support for IT services. In providing their services, they may access, receive, maintain or otherwise process personal data on our behalf. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal data and only process it in accordance with our instructions.
2. Third parties in case of legal requirement. We may also disclose your personal data if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes (e.g. tax authorities); when we believe necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to any claims against us; and, to protect the rights, property, or personal safety of us, our customers, or the public.
3. Corporate Transaction. In addition, information about customers may be disclosed as part of any merger, sale, transfer of our assets, acquisition, bankruptcy, or similar event.

§ 5 Adults only

Neither our website nor our Services contained therein/available through it are intended for use by minors (people below the age of 18 years of age) without their legal representative’s consent (in this case, most likely your parents’). We will not knowingly collect any Personal Data submitted by minors if the respective legal representative has not allowed the collection of said information. Upon notification of our collection of personal data of a minor without the respective representative’s consent, we will promptly stop usage of such information. Therefore, if you are below the age of 18 years, please ensure that you receive your legal representative’s consent (most likely your parents’) to use our service before actually using our service.

§ 6 Data retention

We will only process your Personal Data for as long as we need it in order to be able to provide our Services to you, to execute any other functions as described herein and/or to fulfill any legal requirements We retain your personal data for as long as required to satisfy the purpose for which they were collected and used, unless a longer period is necessary for our legal obligations (such as storing your mobile phone number or banking details for billing purposes) or to defend a legal claim. As statutory retention periods can vary depending on the record at stake, please contact us for more information.

§ 7 Security

Protecting your Personal Data is important to us. We use industry standard technology to protect your Personal Data. We will take reasonable steps to ensure that your personal data are properly secured using appropriate technical, physical, and organizational measures, so that they are protected against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Unfortunately, no data transmission over the Internet and via mobile communications networks can be guaranteed to be 100% secure. As a result thereof, while we are committed to protecting your Personal Data, we cannot ensure or warrant the security of any information you transmit to or through us.

§ 8 Data transfer

Your Personal Data may be transferred to -and maintained on- computers located outside of your state, province, country or governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Where we are legally required to do so, we have legally acceptable mechanisms in place that ensure an adequate level of protection for the transfers of Personal Data to parties outside your jurisdiction. For example, for data transfers from EU/EEA to countries outside this region, we have European Commission-approved Standard Contractual Clauses or similar safeguards in place, allowing such data transfers.

§ 9 Your rights in regard to your Personal Data

I. In the following you will find a list with all individual rights you have in regard to the Personal Data we hold about you:
• Your right of access
If you ask us, we'll confirm whether we're processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). Please note that you might need to send us a copy of your passport ID or any other legal document that may verify your identity, too; this verification procedure is necessary in order to protect your Personal Data from unauthorized access through any other person.
• Your right to rectification
you are entitled to request to have it rectified, if the personal information we hold about you is inaccurate or incomplete. If you are entitled to rectification and if we've shared your personal information with others, we'll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we'll also tell you who we've shared your personal information with so that you can contact them directly.
• Your right to erasure
In certain circumstances you can ask us to delete or remove your personal information such as where we no longer need it or if you withdraw your consent (where applicable), provided there is no overriding legitimate interest for continuing the processing. If you are entitled to erasure and if we've shared your personal information with others, we'll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we'll also tell you who we've shared your personal information with so that you can contact them directly.
• Your right to restrict processing
In certain circumstances you can ask us to 'block' or suppress the processing of your personal information, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we've shared your personal information with others, we'll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we'll also tell you who we've shared your personal information with so that you can contact them directly.
• Your right to data portability
In certain circumstances you have the right, to obtain personal information you've provided us with (in a structured, commonly used and machine readable format such as Microsoft Excel) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Your right to object
You can ask us to stop processing your personal information, and we will do so, if we are:
• relying on our own or someone else's legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
• processing your personal information for direct marketing purposes.
• Your right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
II. Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process.
III. Please note that we might not be able to provide you with our Services anymore in case you have exercised any of your rights described above. However, any time you reuse our service after exercising any of the aforesaid rights, your then provided Personal Data may be processed, without regard to your previously exercised right(s), in accordance with the provisions of this Privacy Policy.
IV. Erasing your Personal Data will delete the data only in our database. These deletions will not delete Personal Data that may have already been shared with or collected by third parties, all as provided above in this Privacy Policy. Unless it is impossible or involves disproportionate effort, we will take reasonable steps to contact any other recipient of your Personal Data and request the deletion of your Personal Data.
V. You have, at any time moving forward and in any case, the right to lodge a complaint with your respective applicable (local and/or national) data protection authority if you think that we have violated your rights and/or are not in compliance with any applicable Personal Data protection regulation.
VI. In regard to any respective request as described above that you may place, we have one month from the date of your request to fulfill said request.

§ 10 Contact information

For complaints regarding our Service please contact us at: [email protected]
We welcome your comments regarding this Privacy Policy. In this regard you may contact us by sending:


 (a) an e-mail to: privacy[at]crowdmobile.com
(b) a letter to us at the following address:
Be Tracked Media, Cruquiuskade 251, 1018 AM, Amsterdam. Kvk: 56570368. BTW: NL 852191534B01