Privacy Policy

We’re Bending Spoons S.p.A., the parent company of Bending Spoons Operations S.p.A. (collectively, "Bending Spoons", "we", "our" or "us"). This Privacy Policy explains how your personal information is collected, used, disclosed and otherwise processed by Bending Spoons.

Bending Spoons S.p.A. is the controller of your personal information. This Privacy Policy applies to information we collect and process when you access, use, or otherwise interact with us in connection with our Alarm Clock for Me mobile application (developer account: Mobile Heroes) (the “App” or “Service”). Note that Bending Spoons and our subsidiaries and affiliates own and operate many different products and services, and this Privacy Policy does not apply where those products and services link to separate privacy policies.

1. Information We Process

We may obtain information about you in a variety of ways, including through your use of our App, when you email or otherwise communicate with us (including through social media).

The information that we collect, whether from you directly or automatically, may be considered personal information in certain jurisdictions or personal data under the European General Data Protection Regulation (the "GDPR"). Whenever we refer to personal information in this Privacy Policy, it means personal information or personal data as defined by applicable laws in the relevant jurisdiction.

These are the categories of personal information we collect:

1. Identifiers (e.g., a real name, alias, unique personal identifier, online identifier, IP address, email address, account or other similar identifiers).

2. Personal Records (e.g., name and surname, email address and username. Some personal information included in this category may overlap with other categories).

3. Usage data and network activity (e.g., information on a consumer’s interaction with a website, application, or advertisement. See Information collected by Automated Means below for further details).

4. Geolocation data (e.g., physical location or movements).

5. Commercial information (e.g., records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies).

2. Sources of Information and Purposes of Use

Some of this information you provide to us and some we collect when you use the App. We also may obtain information about you (including personal information) from our business partners, such as vendors, and others, and from previous owners and data controllers.

You may choose not to provide some or all of your personal information to us but doing so may prevent us from providing our App to you or limit our ability to provide you with the level of service that you would otherwise expect from us.

3. How We May Use Your Personal Information

We may use the information we collect for a variety of purposes, such as the following:

Service delivery and Customer support

• Maintaining or servicing accounts, providing customer service, operating our website and mobile applications; processing or fulfilling orders and transactions, verifying user information, processing payments;

• Communicating about the App and responding to requests, inquiries, comments, and suggestions.

Service improvement

• Conducting statistical analyses or other research activities to optimize our features and provide you with new ones;

• Understanding and evaluating how the App and features perform with users;

• Uncovering insights about usage in order to improve the App and provide users with enhanced features as well as inform our development of new features and products.

Profiling

• Measuring our advertising and marketing activity (e.g., measuring how a user was acquired).

Troubleshooting

• Ensuring the quality and the proper functioning of the App by analyzing, preventing, and correcting failures and bugs, and to prevent the illicit use or misuse of the App.

Targeted advertising and marketing

• Understanding our customer in order to more effectively market the App

• Serving relevant advertisements.

Compliance with legal obligations

• Complying with our legal obligations, including requests from public authorities, and proving that we have complied with them, such as in the event of a request from a public authority.

Defense

• Establishing, exercising, or defending our rights and those of our employees, and to carry out corporate transactions or operations. For example, your data may be processed in the event of bankruptcy, merger, acquisition, reorganization, and sale of assets or assignments, and the due diligence related to any such transactions.

4. How We May Share Information about You with Others

Your personal data may be transmitted to trusted and reliable third parties. This happens only when there are lawful grounds for the transmission.

The types of third parties to which your data may be transmitted are as follows:

• Third parties that carry out activities related to our business and operations. Such parties can operate either on our behalf as data processors (for example, IT or storage service providers) or as autonomous data controllers (for example, professional advisors providing advice or otherwise protecting and managing our business interests).

• Third parties that collect personal data about you to show personalized advertising (see Section 11 about in-app tracking technologies).

• Advisors and new owners, in the event that we carry out a corporate transaction or operation such as a merger, acquisition, reorganization, sale of assets or assignments, and as a part of the associated due diligence.

• Public, judicial, or police authorities, within the limits established by applicable laws.

• Other parties as necessary (for example, competent authorities), if we have reason to believe that your actions are inconsistent with our user agreements or policies or that you’ve violated the law, or if it’s necessary to protect our rights, property, and safety or that of our users, the public, or others.

Additionally, we may share your personal data if it’s required for the fulfillment of a legal obligation, or if you give us your consent to do so.

5. Your Choices and Rights

You have the following rights in relation to how we use your personal information:

• Access: you may request access to your personal information and receive copies of it;

• Correction: you may have inaccurate/incomplete personal information corrected and updated;

• Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or some of your personal information or to limit our use of it;

• Deletion: in certain circumstances, you can request a right "to be forgotten" (this is a right to have your information deleted or our use of your data restricted). We will honor such requests unless we have to retain this information to comply with a legal obligation or unless we have an overriding interest to retain it;

• Portability: in certain circumstances, exercise the right to data portability (this is a right to obtain a transferable version of your personal information to transfer to another provider); and

• Consent Management: where we rely on consent to process your personal data, you may withdraw consent at any time. You do not have to provide a reason for your withdrawal where processing is based on consent.

For your protection, we may require proof of identity and verification before we can answer your requests.

You also have the right to complain before the competent national data protection authority, or any other applicable regulator in the jurisdiction where you reside, in the event that you think we’ve violated the applicable privacy laws and we haven’t addressed your request.

6. Legal basis for processing data

In this section, we identify the legal grounds on which we rely to process personal information.

In some cases, we have a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to facilitate and manage engagement programs; to promote research; to facilitate a Corporate Transaction (including a sale of assets or merger or acquisition); or to fulfill our contracts with business partners, such as third parties that distribute our products.

It may also be necessary for us to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.

We may also process personal information as specifically permitted by applicable legal requirements.

If we rely on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information.

7. Data Retention

We retain personal data used for defense purposes for a maximum of ten (10) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.

We retain personal data used for the purpose of compliance with legal obligations for a maximum of five (5) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.

We retain the personal data for a maximum of three (3) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. After this period, unless any legal obligations require that the data is retained for longer, the data is either deleted or anonymized.

8. International data transfers

We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we may transfer your personal information to the United States. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. When we transfer personal information across borders, we consider a variety of requirements that may apply to such transfers.

Specifically, we may transfer personal information from the European Economic Area to:

• Countries that the European Commissions has deemed to adequately safeguard personal information,

• Pursuant to the recipient's compliance with standard contractual clauses (also known as Model Clauses), or Binding Corporate Rules,

• Pursuant to the consent of the individual to whom the personal information pertains, or

• As otherwise permitted by applicable EEA requirements.

9. Additional U.S. State Disclosures

Certain U.S. states have state-level privacy laws that grant their residents certain rights and require specific disclosures (“State Privacy Laws”). This section provides information about your personal information and additional information about your rights under applicable State Privacy Laws and serves as our California notice at collection.

We do not sell or share personal information or use or disclose it for the purposes of targeted advertising.

10. Information Relating to Children

We do not knowingly collect information from children under the age of 13 (or 16 in the EEA, or older if required in an applicable jurisdiction to comply with applicable laws). If you are not over 13 years of age (or 16 in the EEA, or older if required in an applicable jurisdiction to comply with applicable laws) then DO NOT DOWNLOAD OR USE THE SERVICES. If you are a parent or legal guardian and believe that we may have personal information from or about your child under 13, please contact us at privacy@bendingspoons.com. Note that we'll attempt to delete the account of any child under the age of 13 that's reported to us as soon as possible. You are responsible for any and all account activity conducted by a minor on your account.

11. In-app tracking technologies

When we refer to “tracking technology” or “tracking technologies” in this policy, we mean any technology that stores or accesses information on the user’s device, including SDKs, tracking pixels, HTML5 local storage, local shared objects, and fingerprinting techniques.

Tracking technologies are usually classified by purpose (technical, analytics, profiling) and by publisher (first-party, third-party). The legal requirements vary based on these classifications.

The tracking technology classifications and some practical examples now follow.

By purpose

Technical tracking technologies

These are used to transmit messages over an electronic communication network or to provide a service specifically requested by the user. Therefore, they’re necessary for the app to function correctly, and for providing the service requested by and offered to the user.

For example, technical tracking technologies can be used to monitor sessions, store specific server access information related to the user configuration, facilitate the use of online content, keep track of items in a shopping cart, or keep track of information used to fill in a form.

As technical tracking technologies are necessary, they don’t need your consent.

Analytics tracking technologies

These are used to assess the effectiveness of an information society service provided by a publisher, evaluate and improve the design of an app, or help measure traffic. In other words, they serve to track the traffic and performance of an app by collecting aggregate data on the number of users and how they interact with the app, which helps to improve its services.

For example, analytics tracking technologies may collect information about how users access an app, including the number of users and potentially grouped by geographical area, time zone, how long they stay on the app, which parts of the app they interact with, and the number of users who used a particular feature.

Normally, analytics tracking technologies are used only with your explicit consent. However, in the following cases they’re treated like technical trackers, so don’t need your consent:

• When they’re used only to produce aggregated statistics that are performed through the controller’s own resources and that don’t turn into activities that go beyond statistical counting and assisting business-related decision-making

• When the third parties don’t match the analytics trackers' data with any other information, and don’t send any data gathered to other third parties

Profiling tracking technologies

These are used to evaluate some personal aspects of certain users, and to trace specific actions or recurring behavioral patterns in the use of the app in relation to specific, identified or identifiable individuals, so they can be grouped within homogeneous, multi-sized clusters. This enables the company to analyze and predict personal elements, provide users with customized services beyond what’s strictly necessary for the delivery of the service, and sending targeted advertising messages in line with the preferences they express during their in-app activities. These serve to convey behavioral advertising, measure the effectiveness of ads, and customize the services offered in line with the user’s monitored behavior.

For example, profiling tracking technologies can be used for the following activities:

• To create user profiles and offer content in line with the user’s interests

• To send targeted ads or messages

• To conduct statistical analysis or other research activities to improve our products and services and measure the effectiveness of our campaigns

Profiling tracking technologies are used only with your explicit consent.

By publisher

First-party tracking technologies

These are installed and managed directly by the owner of the app (in this case, Bending Spoons S.p.A). As the owner, we process the collected data for our own purposes.

Third-party tracking technologies

These are installed and managed by different apps or developers, either for our purposes or for those of the third party.

The data collected by the third parties for their own purposes is governed by their specific privacy policies and terms and conditions. For further information about these data processing activities, you can directly refer to the privacy policy of the relevant third parties as indicated in the subsection Types of tracking technologies used by the app.

Third-party tracking technologies need your consent, unless they’re anonymized and only used for analytical purposes. You can manage consent at any time from within the app’s privacy settings.

Types of tracking technologies used in the app

This app uses the following types of tracking technologies:

Tracking technologies settings

You can turn on or turn off—in whole or in part—profiling and third-party analytics tracking technologies at any time through the app’s privacy settings. As for Meta Audience Network SDK, if you’re an Android user, you can manage your choices directly on Meta's website.

When you withdraw consent, your data will no longer be collected through those trackers. However, we’ll continue processing the data collected before the withdrawal.

You can’t turn off first-party analytics tracking technologies—they’re treated like technical trackers, so aren’t contingent on consent. However, you can opt out of the further processing of your data that’s been collected via these trackers. To do so, contact us at privacy@bendingspoons.com.

With regards to your rights under applicable Data Protection Laws, please refer to the section Your choices and rights.

12. Updates to Our Privacy Policy

We reserve the right to update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will update the date of this Privacy Policy. Continued use of the Services after such date constitutes acceptance of such updates. When required by applicable law, we may inform you by additional means, such as through a notification on the website or in our mobile applications if we make material changes to how your personal information is collected, accessed or otherwise used as a result of your use of the Services or if your rights under this Privacy Policy are materially impacted by changes to our privacy practices. We recommend that you check this page from time to time to inform yourself of any changes in this Privacy Policy.

13. How to Contact Us

If you want to submit a request by email or if you have any other questions about privacy or data protection at Bending Spoons, you can contact us at privacy@bendingspoons.com or our Data Protection Officer at dpo@bendingspoons.com.

Last updated: 17 February 2025