HabitatMap protects the personal data of AirCasting mobile application users, and fulfills conditions deriving from the law, especially from the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 95/46/EC (GDPR). HabitatMap protects the security of the data of AirCasting app users using appropriate technical, logistical, administrative, and physical protection measures. AirCasting ensures that its employees and contractors are given training in protection of personal data.
Personal Data Controller
The controller of your personal data is HabitatMap Incorporated, with its registered office located at 34A St Marks Avenue, Brooklyn, NY 11217 USA
Contact Details of the Personal Data Controller
You can contact the data controller:
- postal address: 34A St Marks Avenue, Brooklyn, NY 11217 USA
- e-mail address: firstname.lastname@example.org
Categories of Personal Data
1. Data Obtained Directly from Users of the AirCasting App
HabitatMap controls the personal data that you provide when using the AirCasting mobile app, including the following types of data:
- E-mail address;
- Information regarding your request to receive email newsletters;
- Any data you provide when communicating with HabitatMap via email;
- Location data;
Providing the above mentioned data is voluntary. In addition, you can modify your location sharing settings and withdraw the consent to receive email newsletters at any time.
HabitatMap’s AirCasting app and AirCasting website neither request any personally identifiable information nor require any personally identifiable information. Before using the AirCasting app, you must create a profile name and provide an email address. Neither your profile name nor email address need to include information that identifies you personally. In addition, we do not verify email addresses, so the email address provided need not be valid. Though it should be noted, an invalid email address will prevent you from recovering your account in the event you forget your password.
Location: The AirCasting app collects location data to enable geolocation of your health and environmental monitoring measurements. When recording a mobile session, the app will track your location even when the app is closed or not in use. The AirCasting app has several features that enable location data to remain private. AirCasters can “disable maps” in the app settings, which turns off GPS tracking. When AirCasters record data with the GPS disabled, the data never leaves the Android device and is never synced to our servers. AirCasters can elect to save their data to the AirCasting server but not contribute it to the “CrowdMap”. This means the data can only be viewed on the website via a link that you generate inside the app when signed in. AirCasters can also elect to send the data from the app directly to their own server, entirely bypassing the AirCasting server. In addition, when recording fixed indoor sessions, GPS coordinates are never logged.
Microphone: To record sound level measurements, the AirCasting app requests permission to access your microphone. The raw audio captured by AirCasters’ microphones is never recorded; rather the audio signal is immediately converted to a sound level measurement before it is stored on the phone and communicated to the AirCasting server.
Phone Status: To record sound level measurements, the AirCasting app requests permission to read your phone’s state. Knowing the state of an AirCaster’s phone allows the app to temporarily suspend the recording of sound level measurements during phone calls.
USB Storage: To attach photos to notes, the AirCasting app requests permission to read the contents of your USB storage.
2. Data Received by HabitatMap from Third Parties
HabitatMap may also be considered as the controller of the personal data you provide to the operators of the systems you use that are integrated into the AirCasting app, e.g. Android (Google LLC). This may include data such as your IP address or your device identifier. Despite being considered as the data controller, HabitatMap has no direct access to this data, meaning the data are not visible to HabitatMap. However, the processing of this data is necessary to enable the proper functioning of the HabitatMap AirCasting mobile app.
HabitatMap may also have access to data that may (but not necessarily) be considered personal data. In order to maintain, improve, and develop the app, and to customize some of the app content to your preferences, HabitatMap uses information received through or provided by third party tools, with similar functions to cookies. This may include information such as the identifiers of the mobile devices you use, the language of the device, the time the app is opened, and other data you have provided to the entity that owns such a tool (see below for more details about tracking tools).
Providing this data is voluntary and does not affect your ability to use the AirCasting mobile application. The rules for sharing the concerned data are defined by the entities that own such tools (see below for more details on tracking tools).
Purposes & Legal Basis for the Processing of Personal Data
Your personal data may be processed for the purpose of:
1. Performing a contract, or taking an action at your request prior to the conclusion of a contract, and for the purpose of pursuing claims under the contract (Article 6(1)(b) and (f) GDPR).
HabitatMap processes your personal data to enable you to fully enjoy all the features of the AirCasting mobile app. Information, such as the fact of downloading the application and providing you with relevant content, may also be processed after the contract expiration (uninstallation of the app), among others, in the event of HabitatMap being accused of incorrect performance of its obligations.
2. Providing you, upon your request, with information about the state of air quality at your location, which is in the exercise of HabitatMap’s legitimate interest (Article 6(1)(f) GDPR).
At your request, HabitatMap processes geolocation data to allow you to see the status of air quality at your location in the AirCasting app.
At your request, HabitatMap may also send you PUSH notifications about the air quality status at your location.
Sending notifications and access to geolocation data is voluntary and takes place with your consent, which can be withdrawn at any time, without prejudice to the use of other application functions.
3. Contacting you, at your request, and responding to your questions, which are in the exercise of HabitatMap’s legitimate interest (Article 6(1)(f) GDPR).
HabitatMap allows you to send inquiries and suggestions for improvements to the app via email and will process the email address you provide for this purpose.
4. Maintaining, improving, and developing the application, and customizing some of the app content to your preferences, which are in the exercise of HabitatMap’s legitimate interest (Article 6(1)(f) GDPR).
HabitatMap processes information that may (but not necessarily) be considered personal data, using third-party-provided tools that perform similar functions to cookies to maintain, improve, and develop the app and to customize some of the content to your preferences.
How HabitatMap collects your personal data?
HabitatMap has direct access only to the personal data you have provided.
Some of the information about you that may (but not necessarily) be considered personal data is processed by HabitatMap through the use of tools that perform similar functions to cookies, provided to HabitatMap by third-party providers (referred to below).
Tracking Tools and Automated Decision-making
HabitatMap uses the Firebase Analytics tool provided by Google LLC, which performs similar functions to cookies. In order to maintain, improve, and develop the app, and to customize some of the app content to your preferences, HabitatMap uses information provided by Firebase Analytics. This information may include the identifiers of the mobile devices you use, the language of the device, the time the app is opened, and other data you have provided to Google.
HabitatMap is not able to recognize your identity from the data provided by Firebase Analytics. Information about Firebase Analytics and how it works can be found here: https://policies.google.com/technologies/ads and https://firebase.google.com/terms/.
Data regarding your location may be used for the purpose of automated decision making, consisting in sending information regarding the current quality of air pollution in your location. Automated decision making for the purposes referred to above depends on your consent, which may be withdrawn at any time, without prejudice to the use of the other application functions.
Categories of the Recipients of Personal Data
Your personal data may be processed by entities such as:
- HabitatMap’s employees and/or contractors;
- legal and/or accounting services providers;
- hosting and/or cloud computing services providers;
- e-mail service providers;
- software as a service providers enabling HabitatMap internal communication, project, and task management;
- providers of tools that perform similar functions to cookies.
Recipients of Personal Data Outside the European Economic Area
In order to enable you to use the app, communicate with HabitatMap, send you notifications upon your request, and maintain, improve, and develop the app, and customize some of its content to your preferences, Google LLC, which is an entity located outside the European Economic Area (EEA), may be a recipient of your personal data.
HabitatMap transfers personal data to recipients outside the European Economic Area (so-called recipients from third countries) with the principles set out in Chapter V of the GDPR. In connection with the above, the transfer of your personal data to a third country may take place on the basis of the following legal mechanisms:
- standard contractual clauses – HabitatMap transfers personal data to entities outside the EEA that have committed to use standard contractual clauses and ensure an adequate level of security of the personal data received. There are currently three decisions by the European Commission on standard contractual clauses: (i) Decision 2001/497/EC; (ii) Decision 2004/915/EC; (iii) Decision 2010/87/EU. The content of all decisions is available in the Database of European Union legal acts at http://eur-lex.europa.eu;
- performance of the contract – in some exceptional cases, when the recipient of the data from the third country has not committed to the application of standard contractual clauses, your data may be transferred if it is necessary for the performance of the contract between you and HabitatMap or for the implementation of pre-contractual measures taken on your request;
- your consent – if none of the above grounds for transferring data to a recipient outside the EEA is applicable, HabitatMap will transfer your data to a third-country recipient only with your express consent. However, we would like to inform you that in this case there is a risk of not ensuring adequate protection of your personal data, in connection with their transfer to a recipient outside the EEA.
Period of Personal Data Storage
Your personal data will be processed:
- no longer then until the execution of the agreement (i.e. until you uninstall the AirCasting app), and after its execution until the expiry of the statute of limitations for claims related to the agreement (as a rule, a three-year statute of limitations);
- in case of processing of personal data for the marketing purposes, until such processing is objected to (Article 21(1) of the GDPR) or until the withdrawn of the consent to receive information of a marketing nature;
- where the processing of personal data is based on your consent or permission (e.g. processing of your geo-location data) - until it is withdrawn.
Rights of the Data Subject
You have the right to:
- access to personal data – you can obtain information on, inter alia, what personal data are processed by HabitatMap, for what purposes, to whom they are made available, for what period of time they are processed, etc;
- rectify and delete the personal – you may request your data to be corrected if they are found to be inaccurate. You may also request the erasure of your personal data, inter alia, if the purpose of the processing ceases to exist or you have withdrawn your consent to the processing;
- restrict personal data processing – in certain situations (e.g. where you have alleged that your data is inaccurate) you may request that HabitatMap restricts the processing of your personal data, in which case HabitatMap will no longer process your data for any purpose other than the data storage;
- object to processing – in certain situations (e.g. where processing is based on a legitimate interest of the controller) you may object to the processing of your personal data;
- transmission of personal data – you may request to receive your personal data in a structured, commonly used, machine-readable format and to have that data sent to another controller. The above applies when data are processed upon your consent (Article 6(1)(a) GDPR) and/or upon contract (Article 6(1)(b) GDPR) and the data are processed by automated means;
- lodge a complaint to the President of the Office for Personal Data Protection – in the event of a breach by HabitatMap of the processing of your personal data, you may lodge a complaint with the relevant authority.
You may contact HabitatMap with any request to exercise your rights by email or postal address shown at the beginning of this document or by other means of your choice.