Privacy Policy

This document (the Privacy Policy or the Policy) sets out how we collect, process and protect your Personal Data you give us when using our Website and/or participate in the Affiliate Program.

• We are the Controller, ABCMobile OÜ, a company incorporated in Estonia, registration number 14710834, VAT ID EE102157534, located at: Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 71, 11415, Estonia, which determines the purposes and means of the processing of your Personal Data when you use our Website and/or participate in the Affiliate Program.
• You are the Data Subject, any natural person, whose Personal Data we collect and process when you use our Website and participate in the Affiliate Program.
• Personal Data means any information relating to you as an identified or identifiable (directly or indirectly) natural person and mentioned in section 1.
• Our Website is the website of the Affiliate Program, located at https://app.mobstra.com, where You can register an account and participate in the Affiliate Program in accordance with the published terms and conditions.
• Affiliate Program is a partner program under which partners, who are registered on our Website, promote our services among users by publishing advertising and informational material on their relevant websites (web pages).

This Policy is a notice of the Controller to you as the Data Subject regarding the collecting and processing of your Personal Data and it is published on our Website. The Policy applies to all Personal Data we collect through Website and during participation in the Affiliate Program. 

We act in your interest and we are transparent about the processing of your Personal Data. That means we are committed to protect and safeguard any data you give us. 

We might amend the Privacy Policy from time to time. If you want to know about your privacy, visit this page regularly to know exactly where you stand. If we make changes to the Privacy Policy which will have any significant impact on you (e.g. if we intend to process your Personal Data for other purposes than communicated in this Policy), we will notify you of these changes before the new activities begin.

This Privacy Policy and any issues related to the protection of Personal Data and direct marketing are governed by the EU General Data Protection Regulation (GDPR) 2016/679, EU Directive on privacy and electronic communications (ePrivacy Directive) 2002/58/EC and, subsidiarily, by Estonian law.

This Policy sets out the following:

I. What Personal Data we collect;

II. How the Personal Data is processed by us;

III. How we store and maintain Personal Data;

IV. Disclosure;

V. Cookies;

VI. Your rights;

VII. Contact details

I. WHAT PERSONAL DATA WE COLLECT

1. Personal Data is collected and processed by us, because it is necessary to maintain our Website functioning, to participate in the Affiliate Program and also optimise and develop our Website and the Affiliate Program. Personal Data can be collected only when you use our Website and/or participate in the Affiliate Program.

2. Personal Data we collect may include:

Contact information: you provide us with this information directly

• Your name, login and password;
• E-mail, Telephone number;
• Messengers identifiers (Teams, Telegram);

Services information: we collect this information based on interactions with you

• Information from your account registered on our Website, including statistics, fund, payments, actions, settings, etc.;
• Content of you messenger messages and e-mail letters to us;

Payment information: you provide this information directly

• billing address, credit card, debit card, cryptocurrency wallets and other digital wallets (e.g., wallet addresses, transaction details) or other payment methods and currency;

Technical information: we collect this information automatically from your phone (also mobile) tablet, laptop, computer or other device you use to access our Website and/or participate in the Affiliate Program

Vital for Website’s core functionality and security 

• IP address;
• Strictly necessary cookies (session management, login/authentication and basic security cookies)

3. NOTE: 

WE DO NOT COLLECT AND PROCESS special (sensitive) categories of Personal Data - personal data revealing and concerning

• racial or ethnic origin, 
• political opinions;
• religious or philosophical beliefs; 
• trade union membership;
• genetic data;
• biometric data;
• health; 
• natural person's sex life;
• sexual orientation. 

The individual differences category specified above do not include or imply the provision by you of any special (sensitive) categories of Personal Data, and are not used to indirectly determine or establish any special (sensitive) categories of Personal Data about you or any third person.

We kindly ask that you not provide us with the above-mentioned special (sensitive) categories of Personal Data or include it in information provided to us. If you include such Personal Data in information provided to us, we will not process it in any way. 

4. DISCLAIMER: This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through links that we may provide to you, but not directly related to our Website and the Affiliate Program. These applications, websites, products, services or platforms are owned not by us and operated independently from us, and they have their own separate privacy and data collection practices. Any data that you provide to these applications, websites, products, services or platforms will be governed by the third-party’s own policies. We cannot accept liability for the actions or privacy policies of these independent third-parties, and we are not responsible for the content or privacy practices of such third-parties.

II. HOW PERSONAL DATA IS PROCESSED BY US

6. Personal Data is used and processed by us for the following purposes:

6.1. Contact information, Services information and Payment information:

a) to conclude and perform a contract with you regarding your participation in the Affiliate Program, as we need to know with whom we are entering into a contract and how to contact you as the party (the terms are defined in the Terms and Conditions published on our Website), including to process your complaints related to this contract;

b) to process complaints and claims of third parties related to the Affiliate Program;

c) for analytical and statistical purposes, including:

• to improve the quality and effectiveness of Website and Affiliate Program;

d) to comply with legal obligations and regulatory requirements.

6.2. Technical information:

a) to maintain the functionality of Website so that you can visit and open it in your browser on your device and fully utilize its functionality, regardless of whether you participate in the Affiliate Program;

b) to ensure your security when using our Website, preventing the spread of malware, theft (identity theft), fraud, information leaks, misuse of the Website and other illegal or unwanted activities and actions against both you and us;

с) to handle and resolve errors, breakdowns and malfunctions in the Website.

7. If you contact us, we may keep a record of your request in order to help solve any issues you might be facing. 

8. We will ask for your consent before using your Personal Data for a purpose that is not covered in this Privacy Policy, except when such processing is based on legal obligation.

III. HOW WE STORE AND MAINTAIN PERSONAL DATA

A. LEGAL BASES FOR THE PERSONAL DATA PROCESSING

9. We collect and process your Personal Data exclusively for the purposes described above in this Privacy Policy, based on one of the following legal grounds:

Performance of a contract or pre-contractual relationship:
Contact information, Services information, Payment information (the purposes in §6.1(a)(b))

Our legitimate interest:
Contact information, Services information, Payment information (the purposes in § 6.1 (c))

Technical information (vital for our Website's core functionality and security) (the purposes in § 6.2(a)(b)(c))

Legal obligations:
Contact information, Services information, Payment information (the purposes in § 6.1(d))

10. If you do not provide us with your Personal Data we require to conclude and/or perform a contract regarding your participation in the Affiliate Program, we might not be able to conclude a contract, or at least the scope of the Affiliate Program will be limited based on the Personal Data actually provided.

11. We process your Personal Data, based on our legitimate interest, which consists in:

(a) improving the quality and effectiveness of the Website and the Affiliate Program to make them better and more relevant for you as their direct user, improving your experience with the Website and the Affiliate Program, and we believe that this interest does not outweigh your right to privacy. To balance our legitimate interests with your right to privacy and provide you sufficient safeguards, for analytical and statistical purposes we pseudonymize or anonymize your Personal data, do not perform any profiling activities;

(b) maintaining the functionality and availability of our Website for you, ensuring your security when using our Website, preventing illegal or unwanted activities and actions, as well as processing complaints and claims of third parties related to the Website and the Affiliate Program to protect our rights and interests. Such processing activities do not override your rights and freedoms, as it makes it possible and safe to use the Website, handle disputes regarding the Website and the Affiliate Program and the amount of data collected is limited and necessary for relevant purposes.

12. Our legal obligation means that we are obliged to process, including transferring, your particular Personal Data in accordance with applicable laws and regulatory requirements.  We will notify you about any processing, including transferring, your Personal Data, not covered in this Policy, but based on our legal obligations or public interest.

B. RETENTION PERIOD

16. We will retain your Personal Data until it is no longer necessary in relation to the purposes for which it was collected or otherwise processed, and in particular, for the following periods:

16.1. Contact information, Services information and Payment information

a) for the purposes defined in § 6.1(a)(b) 

during the provision of the Services and for 2 (two) years thereafter in case you or third parties file a complaint regarding the Website and the Affiliate Program;

b) for the purposes defined in § 6.1(c) 

during the provision of the Services and for 2 (two) years thereafter (as it is necessary to us for supporting mentioned earlier analytical and statistical purposes);

16.2. Technical information

a) for the purposes defined in paragraph 6.3(a)(b)(c)

for the time necessary to ensure the functioning and security of Website, namely, while you use the Website and for 1 (one) month after you leave the Website.

17. We will erase your Personal Data without undue delay, if:

a) the retention periods specified in paragraph 16 have expired;

b) the data subject withdraws consent on which the processing is based;

c) the data subject objects to the processing based on legitimate interest;

d) other cases in accordance with applicable laws.

18. If you have a question about a specific retention period for certain types of your Personal Data we process, please contact us using the contact details provided below.

C. THE MANNER OF PROTECTING YOUR PERSONAL DATA

19. We undertake to protect any Personal Data you provide us. We undertake to do everything to protect Personal Data against any violations and abuses.

20. Taking into account the state of the art, the costs of implementation and the nature, scope, context, purposes of processing as well as the risk of varying likelihood and severity for your rights and freedoms, we shall in relation to the Personal Data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk. In assessing the appropriate level of security, we shall take into account, in particular, the risks presented by processing, especially arising from a Personal Data breach.

21. The Personal Data is kept in computerised form. Our computer systems are protected by technical and organisational measures that prevent accidental / deliberate destruction, loss, damage, alteration and unauthorised disclosure or access to Personal Data.

22. Technical and organisational measures that we use to protect Personal Data include:

• Pseudonymisation and encryption of Personal Data;
• Network security including firewalls, intrusion detection/prevention systems;
• Backup and disaster recovery systems with regular testing for availability restoration;
• Endpoint protection (antivirus), vulnerability scanning, and patch management;
• Data protection policies, employee training;
• Limitation of access to Personal Data;
• Incident response and breach notification procedures;
• Regular audits and effectiveness evaluations of security measures;
• Supervision over the work of our employees and contractors;
• Vendor management with security clauses in contracts.

23. After the expiry of the retention period or the withdrawal of the given consent, the Personal Data shall be immediately irretrievably and permanently deleted.

24. In the event of a Personal Data breach, we will immediately inform the competent supervisory authority of the violation. If, in the event of a Personal Data breach, a suspicion could arise that a criminal offence was committed, we will immediately notify the police or the prosecutor's office.

25. In the event of a Personal Data breach where there is a high risk to your rights and freedoms, we will inform you of such a breach without undue delay.

IV. DISCLOSURE

26. We keep your Personal Data in our records available to you.

27. We shall take reasonable steps to ensure the reliability of any of our employees, agents or contractors who may have access to Personal Data, ensuring in each case that access is strictly limited to those people who need to know / access the relevant Personal Data, as strictly necessary for the purposes of this Policy, and to comply with data protection laws in the context of their duties to us, ensuring that all of them are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

28. We can forward (disclosure) Personal Data to the following recipients:

a) to third parties for purposes of processing set out in this Privacy Policy;

b) to suppliers and service providers in connection with the normal operation of our business activities and (or) with carrying out functions on our behalf including, but not limited to service delivery, marketing assistance, data analysis, customer service provision, which may require access to Personal Data, and the processors providing certain services to us;

c) to the public administration bodies and the courts when required by law.

29. Personal Data submitted may be transferred by us to third parties, which may be situated outside the European Economic Area (EEA) and may be processed by staff operating outside the EEA.

30. We shall take reasonable steps to ensure the reliability of third parties and other recipients referred to in this section of the Policy, who may have access to the Personal Data, ensuring in each case that access is strictly limited to the purposes of this Policy, and to comply with data protection laws and the Policy, ensuring that all third parties and other recipients are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

31. In these third parties (third companies) your Personal Data is processed only by people who are authorised by them to process Personal Data. The authorisation can be explicit (for example, given by the director or the head of the department) or general (such authorisation is evident from the description of the tasks of a particular position). The access to Personal Data shall be limited to those employees, agents or contractors of any of these third companies who need access to your Personal Data to perform their work. All employees, agents or contractors of any third companies who have access to Personal Data are obliged to protect the Personal Data they process.

32. We may transfer your Personal Data to countries outside the European Economic Area (EEA). Where we do so, we will ensure that appropriate safeguards are in place in accordance with the GDPR, such as:

– an adequacy decision made by the European Commission;

– standard contractual clauses (SSC) and/or other relevant safeguards.

You can obtain more information about these safeguards and a copy of them by contacting us using the contact details below.

33. We disclose your Personal Data to law enforcement insofar as it is required by law (necessary for the prevention, detection or prosecution of criminal acts and fraud or if we're otherwise legally obliged to do so). We may need to further disclose your Personal Data to competent authorities to protect and defend our rights or properties, or the rights and properties of our business partners.

34. We have the right to transfer Personal Data also to other recipients (users) of Personal Data, not mentioned in this clause, corresponding to this section of the Policy, when it is consistent with the purposes of this Policy.

V. COOKIES

36. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our Website, we may collect information from you automatically through cookies or similar technology. 

37. Our Website uses the following types of cookies:

Strictly necessary cookies:
essential for you to browse our Website and use its features, such as accessing secure areas of the Website (these cookies will generally be first-party session cookies).
session management, login/authentication, basic security cookies

VI. YOUR RIGHTS

38. You may exercise all rights related to your Personal Data and request us to:

1. confirm whether your Personal Data is proc
2. essed or not;
3. request information about what Personal Data we processes and its source;
4. ask any questions about the confidentiality of Personal Data, the manner of collecting and processing, exercising the rights related to Personal Data;
5. enable the access to Personal Data, when we confirm that it is being processed;
6. allow rectification of inaccurate or incomplete your Personal Data. We ask you to inform it of any change in Personal Data as soon as possible, as this is the only way to ensure the accuracy and integrity of the Personal Data that the we keep;
7. enable the right to delete Personal Data (i.e. the right to be forgotten). The right to the erasure of Personal Data is limited. We cannot delete Personal Data that it processed on the basis of the law or on the basis of a contractual relationship;
8. enable the right to the restriction of processing, when it is possible;
9. allow the right to object to the processing based on the legitimate interest;
10. enable to receive Personal Data provided to us in a structured, commonly used, machine-readable form;
11. enable the right to Personal Data portability and provide Personal Data in a structured, commonly used and machine-readable form to another controller;
12. allow the right to withdraw consent where Personal Data is processed on the basis of consent.

39. You have the right to lodge a complaint against us to the supervisory authority. 

40. You can exercise your rights by contacting us by e-mail affiliate@mobstra.com with the mark “Personal Data protection” in the subject line. We undertake to respond to your requests without undue delay, and at the latest within the statutory deadlines.

VII. CONTACT DETAILS

41. We control the processing of Personal Data as described in this Privacy Policy. 

42. If you have any questions about Policy or our processing, or if you believe that your privacy has been compromised in the course of using the Website and/or participating in the Affiliate Program, please contact Us at affiliate@mobstra.com and we’ll get right back to you.

43. All your requests to us regarding this Policy will be processed and answered by us within no later than 30 (thirty) days from the date of our receipt of the relevant request.

ABCMobile OÜ, 
registration number 14710834, VAT ID EE102157534, 
located at: Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 71, 11415, Estonia