Privacy Policy

This privacy policy sets out how Mobimi uses and protects any information that you might give Mobimi when you use our services.



Mobimi is committed to ensuring that your privacy is protected. Should we ever ask you to provide any information by which you can be identified when using our services, then you can be assured that it will only be used in accordance with this privacy statement. Mobimi may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes. This policy is effective from 01 March 2022



END USER LICENCE AGREEMENT FOR THE LICENSED APPLICATION

MOBIMI offers users with mobile devices call and text messaging services transacted through a licensed application for mobile devices. Our Application is not sold, downloaded for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of this separate license agreement will govern, subject to your prior acceptance.

1. Scope of the Licence

This licence is non-transferable for use on any mobile device that you own or control and as permitted by the Usage Rules set out in our Terms and Conditions. This licence does not permit you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it can be used by multiple mobile devices at the same time. You may not rent, lease, lend, loan, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any updates or any part thereof except, and then only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the terms of the licence governing the use of any open source components included in the Application. Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. The terms of the licence will govern any updates provided by us that replace and/or supplement our Services, unless such update is accompanied by a separate licence, in which case the terms of that licence will govern.

2. Services

In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent or objectionable. However, you agree to use our Services at your own risk and we shall have no liability to you for content that may be offensive, indecent or objectionable. You agree not to exploit the Services in any unauthorised manner, including, without limitation, by trespass or burdening network capacity. You further agree not to use our Services in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party, and that we are in no way responsible or liable for any such use by you, or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions you may receive as a result of your use of our Services. We make no representation that our Services are available for use in any particular location. To the extent that you choose to access our Services, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove or disable access to our Services at any time. In no event will we be liable for the removal or disabling of access to our Services. We may also impose limits on your use of or access to our Services, in any case and without notice or liability.

3. What information do we collect, how do we use it and why is it legal to do so?

We do not collect or share any of your personal information except for your phone number, which you provide when you register with your handset on our Services through the Licensed Application, and technical information about your mobile device (the operating system your handset uses) and for the sole purpose of providing you with our Services. The Licensed Application requests permission to access the contacts stored on your device in order to check whether any of them have downloaded the Application and registered with our Services, which allows you to exchange voice, video and instant messaging communications with those contacts through our Services. Under no circumstances are the contacts stored in your terminal sent by the Application to our servers or to any third party. The Application requests permission to access files stored in your terminal (photos, documents, audio or video recordings or any other format of information) to give you the opportunity to share these files with other users of our Service through the instant messaging service (chat) that the Application has, a service that is encrypted end to end in such a way that only the people involved in the communication will be able to access the content of the information exchanged. Under no circumstances does the Application send any file or any other information stored on your terminal outside your terminal in the background without your direct intervention and without your consent, except for the information indicated at the beginning of this section and which is necessary to offer you our Services. We do not share phone number and technical information about your mobile device with third parties, marketing partners, except where required for service provision (e.g. for secure messaging or call functionality). We do not share technical information with other users, we do not share your phone number with other users except for those who have downloaded the app and who are in your contacts list. 

4. Consent to the use of data

You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device and phone number, to facilitate the provision of software updates, product support and other services to you related to the Licensed Application. We may use this information, provided it is in a form that does not personally identify you, to improve our Services offered.

5. Security measures for personal data

We process your personal data in accordance with applicable data protection laws and regulations. We have taken appropriate legal, technical and organisational security measures to protect your personal data from unauthorised disclosure or access, misuse, loss, alteration or destruction. The security measures we have adopted have been created to ensure a level of security appropriate to the risks associated with the data processing activities we carry out. We use industry-standard security practices, including encryption and access controls, to protect personal data. This ensures that any data stored or transmitted is secure from unauthorized access or misuse. If you have any questions regarding our security measures please contact us at support@mobimi.eu.

6. Communications and notifications

MOBIMI may use your personal data to communicate with you. The communication may include messages about updates, bugs, alerts and any other matters relating to the technical aspects and usability of the application and other parts of the services. From time to time we may ask you to provide us with information about your experience using the App or other parts of the Services which will be used to improve the quality and delivery of the Services. You are under no obligation to provide such information. Such information will be used to review the improvement of our services.MOBIMI may, from time to time, contact you by telephone, SMS or any other appropriate information channel to keep you informed about the latest news from MOBIMI and its services, including new products, campaigns, promotions and payment methods.If you do not wish to receive promotional messages from MOBIMI you may request to unsubscribe by following the instructions in the promotional message you have received or by contacting our customer service team.

If you have any questions regarding your personal data, or if you wish to exercise your rights under applicable privacy laws, please contact us at support@mobimi.eu.

7. Termination

The licence is effective until terminated by either you or us. We will terminate your rights under this licence without notice if you fail to comply with any of the terms of this licence. Upon termination of the licence, You must cease all use of the Licensed Application, and destroy all copies, in whole or in part, of the Licensed Application.

8. Third party websites

Our website may contain links to third party websites. Please note that we do not control the linked websites. If you want to know more about how these third parties treat your personal data you should read their privacy policies. Our privacy policy applies only to personal data that we receive or collect through our website, our app, your use of our services and your relationship with MOBIMI.

9. Scope of the Guarantee

You expressly acknowledge and agree that your use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our services are provided on an ''as is'' and ''as available'' basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and Services, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights. We do not warrant that there will be no interference with your enjoyment of the Licensed Application and Services, or that the Licensed Application and Services will be uninterrupted or error-free, or that defects in the Licensed Application and Services will be corrected. No oral or written information or advice given by us shall create a warranty. In the event of any defect in the App or Licensed Services, you will bear the entire cost of all necessary servicing, repair or correction.

10. Possible changes to the privacy policy

We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update and modify this privacy policy at any time and to reflect such improvements or any other changes to our business, as well as to comply with applicable data protection legislation.our privacy policy is always available for consultation on our website (under Legal Information) and also on our app (under Customer Service) so that users can, at all times, know what personal data we collect, how and why the data is processed and under what circumstances such information may be shared. We recommend that you review the privacy policy periodically to be aware of any changes. If you do not agree with the terms of the policy you should not use the services.

11. Data retention and Deletion

Your personal data will be stored only for as long as is necessary to fulfil the purpose for which your personal data was collected. However, personal data may be kept for a longer period if required by law (for example, to comply with accounting requirements or requirements to keep records of telephone calls for lawful interception) or if reasonably necessary to protect our legal interests.

If you wish to delete your account and all associated personal data, you can do so directly within the app by navigating to **Settings -> Privacy -> Delete Account**. Upon selecting this option, your account and all related data will be permanently deleted from our servers unless retention is required by law. There is no grace period, so please ensure that you wish to proceed with the deletion. If any data must be retained for legal reasons, we will anonymize or block access to such data so it can no longer be used for any other purposes.

12. Limitation of liability

To the extent not prohibited by law, in no event will we be liable for any personal injury, incidental, special, indirect or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or business losses, arising out of or in connection with the use of or inability to use the licensed application, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. The foregoing limitations shall apply even if the remedy set forth above fails of its essential purpose.

13. Your rights with respect to your personal data.

Under current data protection legislation, you have the following rights with regard to personal data:

• Right of access - You have the right to obtain information from MOBIMI about any personal data that is processed about you, as well as access to such data, if applicable.

• Right to rectification - You have the right to rectify inaccurate personal data about you.

• Right to erasure (''the right to be forgotten'') - You have the right to delete any data about you if this data is no longer necessary for the purposes for which it was collected. There may be legal obligations that oblige MOBIMI to keep the data, which will prevent MOBIMI from deleting this data. In this case, we can block the data that we are obliged to store so that it cannot be used for any other reason than to comply with legal requirements; we can also anonymise the data. 

You can exercise this right by deleting your account directly within the app through Settings -> Privacy -> Delete Account. Once you do this, all your personal data will be permanently deleted unless retention is legally required.

Right to restrict processing - You have the right to request that we limit the processing of your data under certain circumstances, such as when you contest the accuracy of the data.

• Right to object - You have the right to object to our processing of your personal data when such processing is based on legitimate interests, including profiling. You also have the right to object to processing for direct marketing purposes.

We also allow users to manage permissions for accessing contacts or media through app settings.

If you wish to exercise your rights with respect to your personal data or if you have any questions in relation to this privacy policy, you can contact us at support@mobimi.eu.

14. Jurisdiction

The laws of Spain, excluding its conflicts of law rules, govern this license and your use of the Application. You expressly agree that the courts of Spain have exclusive jurisdiction over any claim or dispute with MOBIMI or relating in any way to your use of the Licensed Application. Your use of the Application may also be subject to other local, state, national or international laws.

15. Children’s Privacy

Our services are not intended for individuals under the age of 13, and we do not knowingly collect personal information from children under 13. If we discover that we have collected such data, we will delete it promptly.

If you are a parent or guardian and believe that your child under 13 has provided us with personal information, please contact us at support@mobimi.eu, and we will take the necessary steps to address the situation.

We encourage parents and guardians to supervise their children’s use of apps and the internet and to help ensure they don’t provide personal information without permission.

16. Accessibility of Privacy Policy

Our privacy policy is accessible both in the app (under the "Settings" section) and on our website: www.mobimi.eu/pages/privacy-policy. Users can consult it at any time to understand how their data is handled.

17. Contact Information

If you have any questions, concerns, or inquiries about this privacy policy, please contact us at:

Email: support@mobimi.eu

Mailing Address: Camino Camoján 7, Office 14, 29602, Marbella, Málaga, Spain

CIF / NIF: B93045508

Phone: +34 952 86 82 09