Focus Bear Pty Ltd (‘the Company’ hereinafter) informs you about its Privacy Policy regarding the processing and protection of your personal data that may be collected by browsing or contracting services through this website.
In this regard, the Company is committed to complying with current regulations on the protection of personal data by the General Data Protection Regulation (EU) 2016/679 (GDPR), applying from 25th of May 2018 with the guideline of the Office of the Australian Information Commissioner (OAIC).
The use of this website implies the acceptance of this Privacy Policy as well as the conditions included in the Terms of Service.
IDENTITY OF CONTROLLER
Controller – Focus Bear Pty Ltd
ABN – 59 659 843 964
Postal Address – Level 13, Freshwater Place, 2 Southbank Boulevard, Southbank VIC 3006 (Australia)
Email – privacy@focusbear.io
Website – www.focusbear.io
IDENTITY OF REPRESENTATIVE
Representative – by Data
ABN – 33 420 814 429
Postal Address – PO Box 42034 Branch Office 2, Valencia 46017 (Spain)
Email – representative@bydata.eu
Website – www.bydata.eu
IDENTITY OF DATA PROTECTION OFFICER (DPO)
DPO – by Data
ABN – 33 420 814 429
Postal Address – PO Box 785 Upper Coomera QLD 4209 (Australia)
Email – dpo@bydata.eu
Website – www.bydata.eu
All information collected by Focus Bear will be processed lawfully, fairly and in a transparent manner.
Likewise, the data requested in each of the processing carried out will consist only of those strictly essential to achieve the intended and informed purpose in each case.
In this way, your data collected will be adequate, relevant and not excessive in relation to the purposes for which they are processed in each case. Therefore, your personal data will be collected for certain specific and legitimate purposes, and will not be further processed in a manner incompatible with relevant legislation. In addition, your data will be updated whenever necessary. You can contact us at any time to correct your data or have it deleted.
In general terms, within the framework of the different processing carried out by Focus Bear, the following categories of personal data are collected. In most cases, this data is collected only when you provide it to us by entering information in the app.
Information that you provide to us:
Identification Data: includes Email Address, and optional, First and Last Name when you send us inquiries through website forms and Social Media Account information (e.g., if logging in through your Google account or Apple ID)
Social Data: you are able to customise habits, goals, tasks, focus modes and other settings in the app which might mean you enter personal information about your hobbies, lifestyle, and the nature of your work. See the section below on Special Category data for information about safeguarding sensitive information.
Professional Data: Job position or Career.
Commercial and Marketing Data: if you sign up for our email newsletters, we will store your preferences in receiving Marketing from us and your preferences when receiving Communications, Activities, Subscriptions, Publications or Media.
Financial Data:
Subscription payments are handled and stored securely by ‘Stripe’ on behalf of Focus Bear. Data collected include bank account information, payment card information, transaction history, and/or company billing information. Invoice Numbers may be consulted by the Company to confirm payments.
Profile Data: includes purchases made by you, anything you enter in your profile, service preferences, feedback and survey responses, and your avatar image in the web dashboard profile.
Special Category of Personal Data:
Any personal data relating to Health and Religious Beliefs that you share in the ‘Focus Bear’ app will be stored on our database so it is visible across all your devices.
We apply security measures to encrypt your data and keep it private, however it is still recommended to avoid sharing sensitive data. Instead you can make use of codewords or generic identifiers. For example, instead of writing “Take Insulin”, use “Take Medication” so your specific medical condition is not revealed. Instead of “Read bible”, consider a codeword like “Spend time with G” that does not reveal your religion.
Information that we collect automatically:
Technical Data:
Internet Protocol (IP) Address and Geolocation - used for marketing analytics.
User ID - used for app functionality and providing technical support.
Browser name and version - used for providing technical support and marketing analytics.
Time Zone setting - used for determining which habits to show and providing technical support.
Browser Plug-in Types and Versions - used for providing technical support.
Installed apps - used for facilitating app blocking and providing technical support.
Operating System and Platform and other Technology on the devices you use to access this website and the app - used for providing technical support.
Aggregated Data: When you visit this website, we may also collect, use, store and share Aggregated, Anonymised Statistical or Demographic data (as cookies).
Your personal data processing is lawful for any of the following applies:
You have given your consent to the processing of your personal data for one or more specific purposes;
It is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.
Your personal data is processed for the following purposes:
To provide a service that blocks distractions and aids in building healthy habits ('the Service'); we may store information about the apps installed on your device. This data is used solely for the purpose of enabling a feature that allows you to effectively block distractions and customize your experience within the Service.
To provide and facilitate your engagement with the Service;
To respond to your inquiries, comments, feedback or questions;
To carry out the management of the service, billing, offers, customer service and business relations;
To send communications to you regarding the service, information related to the Service, direct marketing, updates and changes to our terms, conditions, and policies;
To administer a promotion, contest, sweepstakes, survey or other service feature;
To analyse how you interact with the Service;
To maintain and improve the content and functionality of the Service;
To develop new products and services;
To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks;
To comply with legal obligations and legal process and to protect your Rights and Freedoms.
To offer services to receive specialised advice or free diagnosis by our staff;
With your consent, receive communications about news, offers and services related to the Company or our sector that may be of interest.
To improve the services offered by this website and analyse navigation, as the Company collects Aggregated Data (non-identifying data) obtained using cookies that are downloaded to your computer when you browse the website whose characteristics and purpose are detailed in the Cookies Policy.
To analyse how you interact with our Website.
To carry out management, accounting, payments, delivery services, contact and business relations with providers of goods and services.
If you become a follower of Focus Bear on social networks, the Company can inform you of its activities, products or services, as well as for any other purpose that the regulations of social networks allow.
The data categories included above, as well as by those conditions of use, privacy policies and access regulations that belong to the social network that comes in each case, and you have previously accepted.
You can check the privacy policies of our social networks in these links:
In no case the Company will use the profiles of followers in social networks to send advertising individually.
We use different methods to collect data from and about you:
Electronic interactions. You, or an agent acting on your behalf, may give us your Personal Data when you:
Visit and browse our website (see our Cookie Policy for further information);
Sign in our App ‘Focus Bear’;
Fill our online Contact Form;
Purchase or arrange any of our products or services from us via our website or app;
Contact us via email, survey or feedback; or
Follow us in our Social Media.
When you connect to www.focusbear.io or send an email to Focus Bear, fill in our Online Contact Form, you are providing personal information of an identifying nature for which the Company is responsible.
By providing this information, you give your consent for your personal data to be collected, transferred to us and may be stored by our website hosting company: Webflow, Inc. a Delaware corporation located at 398, 11th Street, Floor 2, San Francisco, CA 94103 (United States) (Webflow Privacy Policy).
By signing up to our app ‘Focus Bear’, you give your consent for your personal data to be collected, transferred to us and may be stored by our website hosting company: Render Services, Inc. at 525 Brannan Street, Ste 300, San Francisco CA 94107 (United States) (Render Privacy Policy) and Webflow, a Delaware corporation located at 398, 11th Street, Floor 2, San Francisco, CA 94103 (United States) (Webflow Privacy Policy).
To fulfill the purposes described above, when you interact with the Company, your personal data can be shared with:
Judicial Authorities, State Agencies or Public Bodies (if mandatory);
Professional advisers acting as Processors including lawyers, consultants, auditors and insurers;
Service providers acting as Processors who provide Information Technology (IT) and system administration services on our behalf and companies included in the Information Society Services.
Webflow, Inc. (Hosting and Cloud Platform)
525 Brannan Street, Ste 300, San Francisco CA 94107 (United States)
Webflow is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
Render Services, Inc. (Hosting and Cloud Platform)
525 Brannan Street, Ste 300, San Francisco CA 94107 (United States)
Cloudflare, Inc. (Network Services, Cloud Platform and Cybersecurity)
101 Townsend St, San Francisco CA (United States)
Cloudflare is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
Bytescale (Media and App Processing)
1 Canada Square, 37th Floor, London, England, E14 5AA (United Kingdom)
The European Commission establishes the adequate level of protection of personal data for data processing.
RevenueCat (Subscriptions and Billing)
631-633 Taraval St, 101, San Francisco CA (United States)
Stripe, Inc. (Financial and Software Services)
354 Oyster Point Blvd, San Francisco CA (United States)
Stripe is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
Profitwell (Subscriptions and Billing)
109 Kingston St floor 4, Boston, MA 02111 (United States)
Auth0, Inc. (Authentication and Authorization Services)
10800 NE 8th St #700, Bellevue (United States)
Auth0 is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
PostHog, Inc. (Analytics Services)
2261 Market Street #4008, San Francisco CA 94114 (United States)
Sentry – Functional Software, Inc. (Analytics Services)
45 Fremont Street, 8th Floor, San Francisco, CA 94105 (United States)
Sentry is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
Twilio Inc. (Communication APIs for SMTP)
101 Spear Street, Fifth Floor, San Francisco (United States)
Twilio is included in the ‘EU-US Data Privacy Framework’ www.dataprivacyframework.gov
The European Commission establishes the adequate level of protection of personal data for data processing.
UXCam Inc. (Mobile App Analytics Services)
315 Montgomery St., 10th Floor, San Francisco, CA, 94104 (United States)
Zoho Corporation Pvt Ltd. (Customer service operations)
Estancia IT Park, Plot no. 140, 151, GST Road, Vallancheri, Chengalpattu District, Tamil Nadu - 603202 (India)
We require all third parties to respect the security of your Personal Data and to process it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
Your personal data is collected directly from outside the European Economic Area (EEA)* with your explicit consent, accepting this Privacy Policy.
(EEA*: Composed of the 27 EU Member States plus Norway, Iceland and Liechtenstein).
Many of our external third parties are based outside the EEA so their processing of your Personal Data will involve a transfer of data outside the EEA.
Whenever we transfer your Personal Data to third parties which are based outside the EEA, we ensure a similar degree of protection is afforded to the data by ensuring at least one of the following safeguards is implemented:
Certain non-EEA countries to which we will transfer your Personal Data have already been deemed by the European Commission to provide an adequate level of protection. Some of our Processors in the United States are certified under the ‘EU-US Data Privacy Framework’ (www.dataprivacyframework.gov) and the United Kingdom;
As the Company is located outside of the EEA, we collect and process your personal data because:
You have explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for you due to the absence of an adequacy decision and appropriate safeguards;
The transfer is necessary for the performance of a contract between you and the Controller, or the implementation of pre-contractual measures taken at your request;
The transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Controller and other natural or legal person;
The transfer may be necessary for the establishment, exercise or defence of legal claims.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
Your personal data is processed during the following deadlines:
The period established by law, or
Until you exercise the right of Erasure, or
The period necessary for the purposes for which we collected your personal data, including for the purposes of satisfying any legal, accounting, or reporting requirements.
The data will be kept for the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that could be derived from said purpose and the data processing, in accordance with the regulations set above, in addition to the periods established in the archives and documentation regulations that may apply.
The Rights that assist you are the following:
Access. Right to request information from the Company. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Rectification. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Erasure (‘right to be forgotten’), This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to Object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law.
Note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Restriction. This enables you to ask us to suspend the processing of your Personal Data in the following situations:
If you want us to establish the Personal Data’s accuracy;
Where our use of the data is unlawful, but you do not want us to erase it;
Where you need us to hold the data even if we no longer require it because you need it to establish, exercise or defend legal claims; or
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Portability. The right to request that the Company will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format.
Note that this right only applies to information which was originally collected electronically and which you either consented to us using or was used to perform a contract with you.
Object. Right of a person to object to the processing of their personal data or the cessation of these. You also have the right to object where we are processing your Personal Data for direct marketing purposes (and you will always be able to opt-out via the “unsubscribe” link on an email from us). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Not be Subject to Automated individual decision-making. Right not to be subject to a decision based solely on automated processing, including profiling, that has legal effects on it or significantly affects it in a similar way
The maximum period for the resolution of the application is 30 days from receipt, it can be extended for a maximum of 2 months whenever necessary.
To exercise your rights, you must send an email to privacy@focusbear.io or by post to Level 13, Freshwater Place, 2 Southbank Boulevard, Southbank VIC 3006 (Australia).
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
You will not have to pay a fee to access your Personal Data or to exercise any of the other rights. However, we may charge a reasonable fee (considering the administrative costs of providing the information) if we consider your request to be unfounded, repetitive or excessive. Alternatively, in these circumstances, we may refuse to comply with your request, but we will provide you with a full explanation of this at the time.
You have the right to withdraw consent at any time where we are relying on consent to process your Personal Data.
However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You have the right to lodge a complaint with a Supervisory Authority.
You may submit a complaint if you do not receive a response to your request for the execution of your rights or if you consider that the processing of your personal data breaks the law, and it could affect your rights and freedoms.
Australian residents may submit a complaint to the Office of the Australian Information Commissioner (OAIC) www.oaic.gov.au
EU residents may submit a complaint to the Spanish Agency for Data Protection (AEPD) www.aepd.es, as it is the EU Supervisory Authority chosen by the Company for data protection issues.
All affected parties may submit a complaint to any of the European Supervisory Authorities established by the European Commission.
Where we need to collect Personal Data by law, or under the terms of a contract that we have with you, and you fail to provide truthful or accurate information when requested, we may not be able to perform the contract that we have or are trying to enter with you. In these circumstances, we have the right to cancel or refuse our services, but we will notify you if this is the case at the time.
The Company processes your personal data to make automated decisions about our services offered to you. The result of this automated decision-making could affect the final decision to approve or deny your enquiry, or affect the service provided.
The logic involved to determine the result is the following: User ranking by usage streaks.
Positive consequences: Motivational factors.
Negative consequences: Sharing users’ usage streaks with other users (under a pseudonym).
However, you will have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effects on it or significantly affects it in a similar way.
The Company will not process your personal data for a different purpose that was collected for.
However, in case that the Company has the intention to use your personal data for another purpose, we will contact you, prior to further processing, to provide the information on that other purpose and with any relevant further information.
To protect your personal data, the Company takes all reasonable precautions and follows the best Technical and Organisational measures to avoid loss, misuse, unauthorised access, disclosure, alteration or destruction of your personal data, according to the General Data Protection Regulation (EU) 2016/679 (GDPR).
The Company takes into account all security policies and procedures to guarantee your rights and freedoms, and undertakes to maintain and ensure the Confidentiality, Integrity and Availability of your Personal Data.
These Technical and Organisational measures are available for consultation by the Judicial and Supervisory Authorities, and are under continuous review and audits in data protection and privacy.
This website may include embedded content (for example, videos, images, articles, etc.) and links to other websites.
These websites may collect data about you, use cookies, embed an additional third-party tracking code, and monitor your interaction using this code.
Our website may contain links to and from third parties’ websites.
The personal data that you provide through these websites is not subject to this privacy notice and the processing of your personal data by those websites is not our responsibility.
Those websites have their own privacy policies which will set out how your personal information is collected and processed when visiting those sites.
As a User of this website, you declare to have been informed of the conditions on personal data protection, you accept and consent the data processing of your personal data by the Company in the manner and for the purposes indicated in this Privacy Policy.
Focus Bear Pty Ltd reserves the right to modify this Privacy Policy to adapt it to legislative or jurisprudential developments, as well as to industry practices.
These policies will be in effect until they are modified by others duly published.
Last update on 14/11/2023
