Privacy Policy

Effective Date: March 15, 2023

 

INTRODUCTION

This Privacy Policy informs you of your choices and our practices regarding any personal information you provide to us. Your use of the software (“SafeShell VPN”) and website for the Software (“https://www.safeshellvpn.com”) distributed by Gearup Portal Pte. Ltd. (“SAFESHELL VPN”, “we” or “us”) involves the collection and use of your personal information. It is important for you to understand how this happens and how you may control it.

By contracting to use the Software or use the Community Website (the “Services”), providing your personal information, interacting with us, submitting information to us (including on or through the Services), visiting or using the pages available on our Services and/or signing up for any products and/or services offered by us, you are deemed to have accepted our rules and policies regarding your personal information and you expressly agree and consent to us collecting, processing, using, disclosing and storing your personal information, and disclosing such personal information to our business partners, authorised service providers, vendors, sub-contractors and relevant third parties in the manner and for any of the purposes set forth in this Privacy Policy, as described in this policy.

You acknowledge that you have read and understood this Privacy Policy. If you do not agree with this Privacy Policy, you must not use the Services. If you change your mind in the future, you may withdraw your consent to use of your personal information in accordance with this policy.

This Privacy Policy supplements but does not supersede nor replace any other consents you may have previously provided to us in respect of your personal information, and your consents herein are cumulative and additional to any rights which we may have at law to collect, use, disclose, process and/or store your Personal Data. This Privacy Policy does not affect any rights which we may have at law in connection with the collection, use, disclosure, processing and/or storage of your personal information.

If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at support@safeshellvpn.com

 

The Types of Personal Information We Use

This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information about you:

• Information you give us. You give us information about you:
  • we collect or are passed on your personal information from platform partners (such as Google PlayStore or Apple App Store). Your personal information is used on its own or together with other data, to uniquely identify you.  We collect person information for the purpose of providing the Services, email you, payment verification, provide customer support and answer queries, and share relevant information about your account and/or the Services.  This may include  your ID on our platform partners, username, payment and subscription information, etc.) and secure your account for the Service (including information you provide to help secure the account, including but not limited to your, email address, security questions, etc.);
  • when you submit your contact details to us through our platform partners as part of promotional activities for the Services (including your username and email address); and
  • when you make purchases (in which case we will process the information you provide to us to our third party payment processor to facilitate the payment). To understand what personal data these processors collect and store, please refer to the respective processor's terms and privacy policy.
• Information we collect about you. We automatically collect certain data from you when you use the Services, including your location and device information (such as device type, network data, operation system, language, IP address, device brand, CPU, Android ID for Andriod devices only) and information regarding your use of the Services, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us.

 

How We Use Your Personal Information

We will collect, use, disclose, process and/or store the information in the following ways for the following purposes and in accordance with the following legal bases (where applicable):

• Registration Information (such as email address, username, , security questions and other information which are passed onto us by our platform partners): We use Registration Information to allow users to log-in to the Software and provide Services to users. We use this information with your consent to this Privacy Policy.
• Device Information (such as device ID, device type, operating system, network operator etc.): We use Device Information to provide and improve the Services such as: to allow users to download and install the Software on their devices; to record and keep track of requests from users of the Services; to detect the user network and device status when the user is using the Services; and to correct bugs or errors that occur when the user is using the Services. Use of Device Information is necessary to perform our contract with you to provide the Services.
• Contact Information (such as username and email): . We use this information with your consent to this Privacy Policy. In particular, we use your email for the following purposes:
  • To communicate with you in relation to access to the Services including confirming with our platform partners that you have purchased or cancelled the subscription through our platform partners; and
  • Answer queries and provide information about the Services;
• Software Data (registration time etc.): We use this information to provide Services to users as it is the basis of our Software. Use of Software Data is necessary to perform our contract with you to provide the Software. In particular, we collect the following Software Data:
  • Versions of the Software you have on your device, Crash report, usability diagnostics, errors, etc. so we are able to help with troubleshooting if there are any issues.
  • Date and location of you successfully making a connection using the Services, period of connections, and from which country or internet service provider. This is so that we are able to recognize any connection issues and help you re-establish connections in your particular geographic location.
  • the total data transferred using the Services, so we are able to monitor any misuse or abuse of our Services and ensure optimal experience for all of our users.
• Payment Data (only the payment history and transaction data within the Service). We use this information to provide Services to users and to record and keep track of requests from users of the Service. Use of Payment Data is necessary to perform our contract with you to provide the Service.
• In addition to the specific uses of information described above, we may use all of the above information to provide, improve and develop the Service, including as we describe in our User Agreement, to comply with any applicable legal obligations, to enforce any applicable terms of service, to protect or defend the Service, our rights, the rights of our users, or others, for the purpose of combatting fraud, or to otherwise operate our business.

 

How We Store and Share Your Personal Information

In order to perform our contract with you, your personal information will be accessible from and will be processed on our servers. Our servers are hosted on cloud servers. Your information may be transferred to and processed in countries outside the country you are located. We will take steps necessary to comply with applicable legal requirements, such as ensuring there is an adequacy decision from European Commission in relation to the data recipient country or using European Commission approved Standard Contractual Clauses to protect your information. In particular, your information will be transferred to and processed in Japan where our central database is based.

We share your personal information with selected third parties in and outside your country, including:

• third parties that provide services in support of the Services, including third-party vendors that provide services in support of the Service, such as Amazon Web Services (“AWS”) for the purpose of hosting the Software, Apple and Google for the purpose of providing payment services and user information.
• related group companies, with whom we share all of your personal information to operate the Services. The transfers contemplated above are made pursuant to our contract with you.
• law enforcement agencies, public authorities or other judicial bodies and organisations. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:
  • comply with a legal obligation, process or request;
  • enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof;
  • detect, prevent or otherwise address security, fraud or technical issues; or
  • protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection); and
• a third party that acquires all or substantially all of us or our business. We will disclose information to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose anonymized data to the prospective buyer of such business. We will also disclose information to a third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.

 

Cookies

We do not use cookies and other similar tracking technologies (e.g. web beacons, log files, scripts and eTags)

 

Children

Our Service is not intended for children and we do not knowingly collect information from children under the age of 18. If you believe that we have unintentionally collected your children’s personal information, you may request the deletion of the information by contacting us at support@safesellvpn.com. In some cases, we may ask you to provide us the birth date. If such information indicates you are under the age stipulated by the applicable laws and deemed as child under such laws, we will not collect further personal information from the child until a parent/guardian’s verifiable consent is obtained.

 

If you are in the United States:

With parental consent, we may collect personal information from children under the age of thirteen (13). If we learn that we have collected or received personal information from a child under the age of thirteen (13) without parental consent, we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Parents have the right to review their child’s personal information; to have their child’s personal information deleted; and to refuse further collection, use, and/or disclosure of their child’s personal information by notifying us. As a parent, you understand that we have a legitimate interest in providing your child’s personal information collected via the Service to external providers for the purpose of administering or providing the Service. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use our Service. For additional information, you may contact us at [support@safesellvpn.com].

 

The Security of Your Personal Information

We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. Our group companies have information security and access policies that limit access to our systems and technology. We also protect data through the use of technological protection measures such as encryption. Your personal information will remain subject to our technical and organisational controls and our policies and procedures (including this Privacy Policy).

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.

 

Data Retention

We will retain most of your personal information (but not user IDs from our platform partners, DNS queries, or IP addresses which are retained for no more than 7 days from collecting such information) for a period only permitted by the relevant data protection law subject to your consent or if there is a legitimate reason to retain your personal information. .

When destroying personal information, measures will be taken to make the personal information irrecoverable or irreproducible, and electronic files which contain personal information will be deleted permanently using a technical method which makes the files irreproducible.

In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle (as set out in the retention policy above), we will destroy your personal information in accordance with local laws).

 

Contact & Complaints

For the purposes of European and UK Data Protection Law, the Data Controller is Gearup Portal Pte. Ltd.

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance. Contact Information: support@safeshellvpn.com

This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.

 

Changes

If we make any material changes to this policy, we will post the updated policy here and notify our users. Please check this page frequently to see any updates or changes to this policy. Subject to your rights at law, you agree to be bound by the prevailing terms of this Privacy Policy as updated from time to time in the Software and on our Community Website

 

GOVERNING LAW

This privacy statement shall be governed in all respects by the laws of Singapore.

Your Rights

This section (“Your Rights”) applies to users that are located in the European Economic Area only. For users located in other territories, please refer to the privacy clauses in our Privacy Policy.

You have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at support@safeshellvpn.com.

• Access

You have the right to access personal information we hold about you, how we use it, and who we share it with.  If you believe we hold any other personal information about you, please contact us and complete the corresponding request form.

• Portability

You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent  or pursuant to our contract with you (e.g., app statistics), as described in the section “How We Use Your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.  

If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).

• Correction

You have the right to correct any personal information held about you that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate, please contact us and complete the request form.

• Erasure

You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us to erase, please contact us and complete the request form.

You may request that we erase the personal information we hold about you in the following circumstances:

• you believe that it is no longer necessary for us to hold such personal information; or
• you believe the personal information we hold about you is being unlawfully processed by us.

You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.

We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case.  Where you have requested that we erase personal information that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.   

• Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.   

You may request we stop processing and just store the personal information we hold about you where:

• you believe the personal information is not accurate for the period it takes for us to verify whether it is accurate;
• you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or  
• you wish to erase the personal information as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defence of legal claims.  

• Language

This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.