Privacy Policy
This Privacy Policy applies to users of the Benarlee™ products and applications. Benarlee Inc, a Delaware, USA company, is the developer and the owner of all the commercial rights to the applications and products sold under the Benarlee™ Brand.
Benarlee Inc (“We”, “Our”, “Benarlee” or “The Company”) have updated our privacy policy to include additional information required under applicable Data protection regulations – including the European Union’s General Data Protection Regulation(GDPR) such as the following:
- Why we process personal data
- Legal grounds for processing personal data
- European union user rights under the GDPR and how to exercise them
- Contact information for Benarlee data controllers
- Contact information for the Benarlee data protection officer in the European union
Categories of Personal Data Processed by Benarlee
Personal data that is processed when you create a Benarlee account:
When you create a Benarlee account, we
ask you to provide your email address and name. You can choose to provide only your first name or a
nickname instead of your full name if you wish.
PURPOSES AND LEGAL GROUND 1:
(a) Benarlee processes your email address because you use your email
address and your password to sign in to your account. The legal ground for processing your email address
for this purpose is based on Benarlee’s legitimate interest in protecting the security of your
account.
(b) Benarlee also processes your email address for the purpose of sending you important
information about your Benarlee products, apps or account, such as important safety information or material
changes to this Privacy Policy. The name you provide is associated with your account profile, and is
displayed when you submit comments or other material on a Benarlee website or app. The legal ground for
processing your email address and name for these purposes is Benarlee’s legitimate interest in providing you
important safety or other information about your Benarlee products, apps or account or material changes to
this Privacy Policy, and in providing you an opportunity to engage with other Benarlee users.
(c) If you
provide your opt-in consent to receiving marketing information from Benarlee, Benarlee will also process your
email address for the purpose of sending you marketing information about Benarlee products and apps. The
legal ground for processing your email address for this purpose is your consent. You may withdraw your
consent at any time by changing your preferences in your Benarlee account or through the unsubscribe link at
the bottom of our marketing emails. The marketing emails you receive from Benarlee are based on the
preferences you provide in your Benarlee account, the locale indicated by your Internet Protocol (IP)
address, the types of Benarlee devices you have added to your Benarlee account, and any subscriptions included
in your Benarlee account. The legal ground for processing this data for this purpose is Benarlee’s legitimate
interest in reducing the number of marketing emails sent to each particular customer by selecting which
customers receive a particular marketing email rather than sending every marketing email to every customer
who has consented to receiving marketing emails.
(d) Benarlee also processes your email address to
associate it with your Benarlee account when you interact with our customer support representatives. The
legal ground for this processing is our legitimate interest in providing quality customer support.
Personal data that is processed when you sign in to your Benarlee account with Social Media Credentials if you choose:
- You may choose to sign in to your Benarlee account using your social media sign in credentials (e.g., your Facebook sign in credentials). If you choose to do this, the first time you do so you will be asked whether you agree that the social media provider may provide certain information to Benarlee, such as your name, email address, profile photo, posts, comments and other information associated with your social media account.
- All of this information is made available to Benarlee by the social media provider due to the way the social sign-on configuration works. However, the only information Benarlee retains and processes is your email address. If you do not want your information to be shared with Benarlee by the social media provider, then you can simply sign in to your Benarlee account using your Benarlee account credentials instead of your social media account credentials.
PURPOSE AND LEGAL GROUND 2:
- Benarlee associates the email address provided by the social media provider with your Benarlee account so that you can use your email address to sign in to your Benarlee account in the future if you no longer wish to sign in using your social media account credentials. The legal ground for processing this information for this purpose is Benarlee’s legitimate interest in providing you an alternative sign in method and in securing your account.
- Personal data that is processed when you sync your Benarlee device:
- When you sync your device, we log data about the transmission, such as the IP address used when syncing, the sync time and date, crash/diagnostic logs, geographic location of the device, information about your device, information about the network used to sync (e.g., Wi-Fi or cellular) and device battery level
PURPOSE AND LEGAL GROUND 3:
We process this information to help identify and resolve errors or
syncing issues. The legal ground for processing this information for this purpose is Benarlee’s legitimate
interest in resolving errors or syncing issues and providing quality product support.
Personal data that is processed when you communicate with Benarlee:
When you interact with our customer
support representatives via email, telephone, online or in person, we collect personal data, such as your
name, mailing address, phone number, email address and contact preferences; and information about the
Benarlee products you own, such as their device ID and date of purchase. We also may create event logs that
are useful in diagnosing product or app performance-related issues, and capture information relating to
the support or service issue. To improve customer service, subject to applicable laws, we may also record
and review conversations with customer support representatives, and analyze any feedback provided to us
through voluntary customer surveys. With your consent, our customer support representatives may sign in to
your Benarlee account, if appropriate, to help troubleshoot and resolve your issue.
PURPOSE AND LEGAL GROUND 4:
We use this information to provide you with customer and product support
and to monitor the quality and types of customer and product support we provide to our customers. The
legal ground for processing this information for these purposes is Benarlee’s legitimate interests in
providing quality product support. The legal ground for signing in to your Benarlee account, if appropriate,
to help troubleshoot and resolve your issue is consent, which you may withdraw.
Personal data that is processed when you use your Benarlee auto navigation device or app:
If you use a
Benarlee device or app and provide your consent, then Benarlee will collect and upload from your device data
such as location, speed, direction, and time and date of recording. If you provide your consent when
asked, then Benarlee may also share this aggregated data with or sell this data to third parties to enhance
the quality of the traffic, parking and other features enabled by content providers.
PURPOSE AND LEGAL GROUND 5:
This data is aggregated with data from other consenting users and is used
to enhance the quality of our products and apps and the traffic, parking and other features enabled by
Benarlee or third parties. The legal ground for processing this data for this purpose is consent, which you
may withdraw at any time within the settings of your Benarlee device or app.
Personal data that is processed when you purchase a product on a Benarlee website:
If you purchase a
product on a Benarlee website, then Benarlee will collect your name, mailing address and telephone number. We
do not view or store your payment card information a third party, Shopify processes customer payment card
details. Their privacy policy can be seen here https://www.shopify.com/legal/privacy.
If you buy a device connectivity for Benarlee device, it is being billed by Brain Tree, a PayPal company, you can find their privacy policy here: https://www.braintreepayments.com/legal/braintree-privacy-policy
PURPOSE AND LEGAL GROUND 6:
We collect your name, mailing address and telephone number so we can
process your order and fulfill your purchase. The legal ground for processing your name, mailing address
and telephone number for these purposes is performance of a contract. We also process your personal data
as part of our fraud detection processes. The legal ground for processing your personal data for that
purpose is our legitimate interest in protecting Benarlee and our customers from attempts to engage in
fraudulent transactions.
Categories of Recipients of Personal Data
Your Benarlee-friends invitees:
Benarlee-friends is a feature available on some Benarlee devices that
enables you to send a link to people of your choice that allows them to see the real-time location of your
device. Because anyone with access to the link will be able to see the real-time location of your Benarlee
device, you should use caution in determining to whom you want to send the link and be sure that you trust
them to not send the link to others whom you do not want to be able to view the location of your Benarlee
device.
Other service providers:
Benarlee uses cloud services from third parties to assist in sending emails.
Those services track the activities associated with these emails, such as whether they were opened,
whether links in the emails were clicked on, and whether purchases were made following clicks on those
links. Benarlee uses this data to analyze the level of engagement with its emails. Benarlee uses third-party
service providers to ship purchased products to customers and to help us better understand our customers
needs.
Other disclosures:
We may disclose personal data about you to others: (a) if we have your valid
consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other
legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to
pursue available legal remedies or defend legal claims. We may also transfer your personal data to an
affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture,
assignment, transfer or other disposition of all or any portion of Benarlee’s business, assets or stock,
including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any
such entity that we transfer personal data to will not be permitted to process your personal data other
than as described in this Privacy Policy without providing you notice and, if required by applicable laws,
obtaining your consent.
Transfers of Personal Data
Benarlee is a global business. To offer our products, apps and services, we may need to transfer your personal data to other Benarlee companies in other countries. When you create a Benarlee account, add personal data in your account profile, or upload data to your Benarlee account, your personal data will be collected and stored on Benarlee servers in the United States or in Europe, as configured per your Benarlee device. Personal data regarding individuals who reside in a country in the European Economic Area or in Switzerland is controlled by Benarlee’s European Affiliate and processed on its behalf by Benarlee Inc.
Any transfers of personal data from Benarlee companies in the European Economic Area (“EEA”) or Switzerland to Benarlee Inc. in the United States are done pursuant to European Commission approved Model Contractual Clauses.
All Benarlee companies are required to follow the privacy practices set forth in this Privacy Statement.
Cookies and Similar Technologies
Websites:
To help analyze how you and other visitors navigate Benarlee websites, and compile aggregate
statistics about site usage and response rates, we, with assistance from third-party analytics service
providers, collect certain information when you visit our site. This information includes IP address,
geographic location of the device, browser type, browser language, date and time of your request, time(s)
of your visit(s), page views and page elements (e.g., links) that you click. We may use cookies, pixel
tags, web beacons, clear GIFs or other similar tools on our site or in our email messages to assist us in
collecting and analyzing such information. We use this information to provide better, more relevant
content on our site, to measure the effectiveness of advertisements, to identify and fix problems, and to
improve your overall experience on our site. We may also engage one or more third-party service providers
to provide online advertisements on our behalf. They may use a pixel tag or other similar technology to
collect information about your visits to sites, and they may use that information to send you targeted
advertisements. For more information regarding this practice and to opt-out of such collection and use of
this information by our third-party service providers, please see Networkadvertising.org.
If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.
If you reside in the European Union or other jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality, and you cannot choose to disable those cookies.
Benarlee Mobile apps:
We also collect data from users about their usage of Benarlee mobile apps. The
types of analytical information that are collected include the date and time the app accesses our servers,
app version, the location of the device, language setting, what information and files have been downloaded
to the app, user behavior (e.g., features used, frequency of use), device state information, device model,
hardware and operating system information, and information relating to how the app functions. Benarlee uses
this data to improve the quality and functionality of our mobile apps, to develop and market products and
features that best serve you and other users; and to help identify and fix app stability issues and other
usability problems as quickly as possible.
The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps and websites so we can enhance the user experience and functionality of our products, apps and websites.
Here are examples of third-party providers of analytics and similar services we currently use:
ANALYTICS SERVICES:
Google: Google Analytics is used to track site statistics and user demographics,
interests and behavior on websites. We also use Google Search Console to help understand how our website
visitors find our website and to improve our search engine optimization. Find out more information about
how this analytics information may be used, how to control the use of your information, and how to opt-out
of having your data used by Google Analytics.
Application Performance Monitoring:
Benarlee uses various software tools to analyze and monitor the performance of our complex ecosystem. To provide such services, our app receives basic request information, including IP address, necessary to detect and diagnose anomalous errors and response times.
Social Networks:
Third-party social networks that provide interactive plug-ins or social networking
features (e.g., to allow you to connect to Facebook or Google to find friends to add as connections or to
“Like” a page) on Benarlee websites or mobile apps, may use cookies or other methods (e.g., web beacons) to
gather information regarding your use of our websites and apps. The use of such information by a third
party depends on the privacy policy available on that social network’s website, which we encourage you to
carefully review. Such third parties may use these cookies or other tracking methods for their own
purposes by relating information about your use of our site with any of your Personal Information that
they may have. We may also obtain analytics information from social networks that help us measure the
effectiveness of our content and advertisements on social networks (e.g., impressions and clicks).
Children
The Benarlee device is not intended to be purchased by anyone under the age of 13 years old. When a parent and or legal guardian purchases a device for use by a child and to locate a child the parent is acknowledging that any personal information transmitted to Benarlee is solely the parents and not that of a child under the age of 13. We do not knowingly collect personal information from children under 13 years of age. We do not collect personally identifying information on our app or trackers such as name or address from anyone under or over 13 years of age. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us through support
Privacy Policy Updates
We may update this Privacy Policy from time to time as we add new products and apps, as we improve our current offerings and as technologies and laws change. You can determine when this Privacy Policy was last revised by referring to the “Last updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Policy.
We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Benarlee websites and apps that link to this Privacy Policy.
Retention of Personal Data
We will retain your personal data as long as your Benarlee account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.
Data Controller and Data Protection Officer
Trackimo Inc, 450 Seventh Avenue, Suite 1408,New York, NY, USA, 10123 , as data controller is
responsible for processing personal data that is collected from the Benarlee App and websites
If you reside outside of the European Economic Area and Switzerland, then the personal data
collected by Benarlee is controlled by Benarlee, Inc., which you can also contact by email at support.
Data Protection Representative in the EU 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 Data Protection Representative in the UK is: Ametros Group Ltd Lakeside Offices Thorn Business Park Hereford England HR2 6JT Tel: 0330 223 2246 Email: gdpr@ametrosgroup.com Your Rights If you reside in the European Union, you have the right under the General Data Protection
Regulation to request from Benarlee access to and rectification or erasure of your personal data,
data portability, restriction of processing of your personal data, the right to object to
processing of your personal data, and the right to lodge a complaint with a supervisory authority.
If you reside outside of the European Union, you may have similar rights under your local laws.
To request access to or rectification, portability or erasure of your personal data, or to delete
your Benarlee account, write your request to support and make sure to include all the details about
your Benarlee account such as the log-in email and the device ID(s) of your Benarlee devices. If you live in the European Union and you wish to exercise your right to restriction of
processing or your right to object to processing, contact Benarlee’s support.
Tracki's Data Protection can also be reached by email at
huangting@skytek.com.hk
.