Privacy Policy

1. Who We Are

This Privacy Policy describes how Proximity GPS ("we," "our," or "us") collects, uses, shares, and protects your personal data when you use the Proximity GPS mobile application and related GPS vehicle tracking services (collectively, the "Service").

The App is published on the Apple App Store and Google Play Store. Apple Inc. and Google LLC are not responsible for this Privacy Policy or for how we handle your data.

2. Scope of This Policy

This Privacy Policy applies to all users of the Proximity mobile application, regardless of where you are located. It supplements and should be read alongside our Terms and Conditions.

This Policy does not apply to third-party services, websites, or applications that may be linked from the App. Those services are governed by their own privacy policies.

3. Personal Data We Collect

3.1 Data You Provide Directly

• Full name
• Email address (used for login, account recovery, and service communications)
• Phone number (used for support, alerts, and WhatsApp notifications)
• Vehicle information: make, model, color, year, license plate, and chassis number
• Billing and invoicing data (name, tax ID/RUC, address, email) where applicable
• Account credentials (username and password, stored in encrypted form)

3.2 Data Collected Automatically via the GPS Device

When your Proximity GPS hardware device is installed and active, the following data is continuously transmitted to our servers via GSM/GPRS networks:

• Real-time GPS location of the registered vehicle
• Historical route data: journeys, stops, distances traveled
• Vehicle status: ignition on/off, engine start/stop
• Speed, acceleration, and braking patterns
• Device battery level and signal strength
• Parking frequency and habitual locations
• Device IMEI (unique hardware identifier of the GPS module)
• SIM card data identifier associated with the GPS device

3.3 Data Collected Automatically via the App

• App device identifiers (mobile device model, operating system version)
• Session data (login timestamps, features accessed)
• Crash reports and diagnostic logs
• IP address recorded at time of account registration and contract acceptance (used for digital signature verification)

3.4 Data We Do NOT Collect

4. How We Use Your Personal Data

We use your data for the following specific, legitimate purposes:

We never use your GPS location data for advertising, profiling for third-party marketing, or any purpose beyond operating and improving the Service.

5. Legal Basis for Processing

Depending on your location and the type of data, we process your personal data on one or more of the following legal grounds:

• Performance of contract: processing is necessary to deliver the vehicle tracking service you signed up for, including all location data and service notifications.
• Legal obligation: processing required by applicable Ecuadorian law, including tax and invoicing regulations.
• Legitimate interests: improving service reliability, preventing fraud, and securing the platform — balanced against your rights and expectations as a user.
• Explicit consent: where required by local law (e.g., GDPR), for processing activities such as sharing location data with authorized financial entities, or marketing-related uses (which we currently do not engage in).

6. GPS Location Data — Special Notice

• Location data is collected continuously while the GPS device is powered and connected.
• This data is transmitted via GSM/GPRS networks and stored on Proximity-managed servers.
• You (and any authorized user of your account) can view live and historical location data through the App at any time.
• Location data is retained for up to 12 months from collection. After this period, it is deleted or irreversibly anonymized. You may request earlier deletion at any time (see Section 11).
• Disabling the GPS device physically or canceling your service plan will stop future location collection. Previously collected data remains subject to this Policy's retention schedule.

7. How We Share Your Data

We do not sell your personal data. We do not share your data with advertisers. We share data only in these limited circumstances:

7.1 Essential Service Infrastructure

Your data may be processed by cloud infrastructure providers (such as AWS or equivalent) strictly to operate, store, and secure the Service. These providers act as data processors under contractual data protection obligations and are not permitted to use your data for their own purposes.

7.2 Your Explicit Consent

We will share your data with any third party only if you have given us clear, written, or in-app consent to do so.

7.3 Legal Requirements

We may disclose data when required by a competent court order, regulatory authority, or applicable law. Where permitted, we will notify you before complying.

7.4 Authorized Financial Entities

If your vehicle was acquired through financing, and you have expressly authorized it in your service contract (Clause 3.5 of the Proximity Service Contract), Proximity may share real-time location data with the authorizing financial entity and, upon formal written request and only while the vehicle is stationary, execute a remote ignition block. This data sharing is strictly limited to the terms of that authorization.

7.5 Emergency Situations

In genuine life-threatening emergencies, we may share location data with emergency services or law enforcement without prior consent, where required to prevent harm.

7.6 Business Transfers

If Proximity's business is transferred or acquired, user data may be transferred as part of that transaction. We will notify you in advance and your rights under this Policy will continue to apply.

8. Data Storage and Security

8.1 Where Data Is Stored

Your data is stored on Proximity-managed cloud servers. Data may be stored or processed in countries other than your own. Where international transfers occur, we ensure appropriate protections are in place, such as standard contractual clauses or equivalent safeguards consistent with applicable law.

8.2 Security Measures

We implement the following security measures to protect your data:

• Encrypted data transmission (HTTPS/TLS) between the App and our servers
• Encrypted storage of passwords and sensitive credentials
• Access controls limiting data access to authorized personnel only
• Regular security reviews and system monitoring
• Audit logs for access to sensitive account and location data

8.3 Data Retention

After the applicable retention period, data is deleted or irreversibly anonymized. You may request earlier deletion of your personal data as described in Section 11.

9. Cookies and Tracking Technologies

The Proximity mobile app does not use browser cookies. However, the App may use the following standard mobile technologies:

• Device identifiers: to associate your account with your mobile device for authentication and push notifications.
• Session tokens: temporary encrypted tokens used to maintain your logged-in state.
• Crash reporting SDKs: anonymized diagnostic data to identify and fix technical issues.

We do not use cross-app tracking technologies, advertising identifiers, or analytics that are shared with third-party advertisers.

10. Children's Privacy

The Proximity Service is not intended for individuals under the age of 18. We do not knowingly collect personal data from children. The App requires users to confirm they are at least 18 years old during account registration.

If you believe a minor has provided us with personal information without proper parental consent, please contact us immediately at soporte@proximitygps.com and we will delete the data promptly upon verification.

This policy is compliant with the U.S. Children's Online Privacy Protection Act (COPPA) and equivalent international regulations.

11. Your Privacy Rights

Depending on your location, you may have the following rights regarding your personal data. We will respond to all valid requests within 30 days (or as required by applicable law):

11.1 Universal Rights (All Users)

• Right to access: request a copy of the personal data we hold about you.
• Right to rectification: request correction of inaccurate or incomplete data.
• Right to erasure ("right to be forgotten"): request deletion of your personal data. See Section 12 for account deletion instructions.
• Right to object: object to specific processing activities, including profiling.
• Right to withdraw consent: where processing is based on consent, withdraw it at any time without affecting the lawfulness of prior processing.

11.2 EU/EEA, UK, and Switzerland (GDPR)

If you are in the EU, EEA, UK, or Switzerland, you additionally have the right to:

• Restriction of processing: request we limit how we use your data while a complaint is investigated.
• Data portability: receive your data in a structured, machine-readable format.
• Lodge a complaint with your local data protection supervisory authority if you believe we have processed your data unlawfully.

11.3 California Residents (CCPA/CPRA)

California residents have specific rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

• Right to know what personal information we collect, use, disclose, and sell.
• Right to delete personal information we have collected.
• Right to correct inaccurate personal information.
• Right to opt out of the sale or sharing of personal information. (Note: we do not sell your data.)
• Right to non-discrimination for exercising your privacy rights.

To submit a CCPA request, contact us at soporte@proximitygps.com with the subject line "CCPA Privacy Request."

11.4 Brazil (LGPD)

If you are in Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD) including access, correction, deletion, portability, and the right to revoke consent. Contact us at soporte@proximitygps.com to exercise your LGPD rights.

11.5 How to Exercise Your Rights

To exercise any right, contact us at soporte@proximitygps.com with your full name, account email address, and a clear description of your request. We may request additional information to verify your identity before processing the request.

12. Account Deletion

You may request permanent deletion of your Proximity account and associated personal data at any time.

12.1 How to Request Deletion

• Email us at soporte@proximitygps.com with subject: "Account Deletion Request"
• Include your full name and the email address linked to your account
• We may request identity verification before processing the request

12.2 What Happens After Deletion

• Your account and profile will be permanently removed from our systems
• GPS location history and driving data will be deleted or irreversibly anonymized
• Some data may be retained where required by law (e.g., billing records for 7 years per Ecuadorian tax law)

13. Lawful Use of GPS Tracking

Proximity is a vehicle tracking tool designed exclusively for transparent, consensual, and lawful use. As a condition of using the Service, you agree that:

• You are the registered owner of the tracked vehicle, or have clear legal authorization to monitor it.
• You will comply with all applicable laws in your jurisdiction regarding vehicle tracking, employee monitoring, and location data collection.
• You will inform all relevant individuals that the vehicle is being tracked, where required by law.
• You will not use the Service to track any individual covertly or without their knowledge, in violation of anti-stalking or harassment laws.

14. Third-Party Services

The App relies on the following types of third-party infrastructure to function:

• Cloud hosting providers: for storing data securely (e.g., AWS or equivalent)
• GSM/GPRS network operators: for transmitting data from the GPS device to our servers
• Mapping providers: for displaying maps within the App (e.g., Google Maps, OpenStreetMap)

These providers have their own privacy policies. Where they act as processors on our behalf, they are bound by data protection agreements. We encourage you to review the privacy policies of any mapping or infrastructure services you interact with.

15. International Data Transfers

Proximity GPS is based in Ecuador. If you use the Service from outside Ecuador, your data will be transferred to and processed in Ecuador and potentially other countries where our cloud infrastructure is located.

When transferring data internationally, we ensure appropriate protections are in place, which may include:

• Standard Contractual Clauses (SCCs) approved by the European Commission (for EEA/UK transfers)
• Adequacy decisions where applicable
• Equivalent contractual and technical safeguards for other jurisdictions

By using the Service, you acknowledge that your data may be processed outside your country of residence.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or service features. When we make changes:

• The updated Policy will be posted within the App with a revised "Last Updated" date
• For material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect
• Continued use of the App after the effective date of changes constitutes acceptance of the updated Policy

We recommend reviewing this Policy periodically. You can always view the current version within the App settings.

17. Contact Us

For any privacy-related questions, data rights requests, complaints, or concerns, please contact us:

We aim to respond to all privacy inquiries within 5 business days and to complete rights requests within 30 days (or as required by applicable law).

If you are located in the EU/EEA and are unsatisfied with our response, you have the right to lodge a complaint with your local supervisory authority.