Privacy policy and terms and conditions

Privacy policy

This privacy policy governs your use of the software application PhoneX ("Application") for mobile devices that was created by PhoneX Security s.r.o.. The Application is a tool for a secure mobile communication, supporting voice calls, text messages and data transfer.  

What information does the Application obtain and how is it used?

User Provided Information; The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

When you register with us and use the Application, you generally provide (a) your email address; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.

We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information; In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. 

Does the Application collect precise real time location information of the device?

This Application does not collect precise information about the location of your mobile device. 

Do third parties see and/or have access to information obtained by the Application?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;

  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

  • if PhoneX Security is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@phone-x.net.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at info@phone-x.net and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@phone-x.net. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards. 

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@phone-x.net.

Terms and conditions

Validity of the trade terms and conditions and of the license provisions; The trade terms and conditions and license provisions further specify and define the rights and obligations of the Acquirer and Provider upon entering into an Agreement on the Use of the PhoneX Application (hereinafter referred to as “Agreement”) by means of a web interface on the URL https://www.phone-x.net/cs/ (hereinafter referred to as “Provider’s URL”). The Acquirer has been notified of these trade terms and conditions and license provisions in advance and has the opportunity to get acquainted with them prior to sending of his/her order. By sending his/her order the Acquirer confirms to have acquainted and to agree with the trade and license terms and conditions.

Provider; The Provider is the company PhoneX Security s.r.o., company identification number: 03465381, with registered address at Purkyňova 649/127, Brno, ZIP Code: 612 00, incorporated in the Companies Register maintained by the Regional Court in Brno under file No. C 84885. All contact data of the Provider can be found on the Internet site https://www.phone-x.net/cs. Provider’s email address is info@phone-x.net.

Acquirer; In regard with the valid legislation there is a distinction between an Acquirer, who is the consumer, thus who is not acting in the scope of his/her business or entrepreneurial activities when entering into or performing an agreement, and an Acquirer, who is not the consumer, thus who orders a service for business purposes.

Specification of the PhoneX application; the PhoneX application serves for making secured i.e. coded voice calls and safe sending of coded texts and files. Specification of functions of the PhoneX application, technical specification of the PhoneX application, information of its price and possible duration of the license for its use are defined on the Provider’s webpages.

Consent with the distant use of communication tools; The Acquirer gives consent with the use of distant communication tools upon entering into the Agreement. Cost incurred to the Acquirer when using distant communication tools in relation to the entering into the Agreement (costs for Internet connection, costs for telephone calls) are paid by the Acquirer.

Order; an electronic order of the license for the PhoneX application paid online is available on the Provider’s webpages. After filling in the order the Acquirer selects the method of payment and after giving consent with these trade terms and conditions and license provisions he/she will be able to complete the order. A license agreement between the Provider and the Acquirer is entered into in the moment of sending of the order of the license for the PhoneX application by the Acquirer by clicking on “Confirm Order” and by accepting the order by the Provider.

Price for the license and terms and conditions of payment; The Acquirer agrees to pay for the provision of the License to the Provider a lump sum according to the selected type of the License in the Provider’s up-to-date pricelist available on the Provider’s webpages. The price for the license is in Czech crowns or EUR and is VAT excluding. The Acquirer may make the payment via a bank transfer or on-line with a payment card. All payment instructions are given to the Acquirer after ordering.

Data of rights from defective goods; Rights and obligations of the contracting parties regarding the rights from defective goods follow relevant applicable regulations. The Provider guarantees to the Acquirer that upon handover and takeover the PhoneX application has no defects.

Rights from defects; In the case that the defect can be eliminated, the Acquirer may require a correction to the subject-matter of the Agreement, addition of what is missing or a relevant discount from the price. In the case that the defect cannot be eliminated and the PhoneX application therefore cannot be regularly used, the Acquirer may withdraw from the Agreement, or require a relevant discount from the price. In the case of applying the right from defects the Acquirer has the right for compensation of reasonably spent expenses. The right for compensation of these costs needs to be applied within one month after the expiry of the term, in which the defect needs to be pointed out. In the case that the Acquirer caused the defect, the right from defective goods does not apply.

Applying of rights from defective goods; For the purpose of applying the claims from defective goods, the Acquirer may contact the Provider on the following e-mail address: info@phone-x.net. The Acquirer is obliged to identify himself/herself via the license name and give a detailed description of the defect. The Acquirer is also obliged to specify what claims from defective goods are required from the Provider.

Withdrawal from the Agreement by the Provider; The Provider may withdraw from the Agreement in the case that the Acquirer braches his/her duty under the Agreement or violates the copyright to the PhoneX application. The Provider reserves the right to immediately terminate the provision of the services of the PhoneX application in the case of breach of the terms and conditions of the Agreement by the Acquirer and in the case that the Provider at his/her discretion evaluates that the Acquirer breaches the principles of using the PhoneX application.

Acquirer’s consent with performance prior to the expiry of the deadline for withdrawal; The Acquirer, who is the consumer, hereby pursuant to the provisions of Section 1837(a) of Act No. 89/2012, the Civil Code, as amended, explicitly agrees that the Provider has performed the subject-matter of the Agreement prior to the expiry of the deadline for withdrawal. In the case that the subject-matter of the Agreement has been performed by the Provider prior to the expiry of the deadline for withdrawal, the Acquirer in such case has no right to withdraw from the Agreement.

Technical support; The Provider hereby undertakes to give technical support to the user by e-mail at support@phone-x.net; the Provider undertakes to send a response to the Acquirer no later than within 3 working days.

Complaints; The handling of Acquirer’s complaints is provided by the Provider by means of the Provider’s e-mail address. Information of taking care of the Acquirer’s complaint is sent by the Provider to Acquirer’s e-mail address, from which the complaint was sent. A relevant trade office makes trade inspection. The supervision over the personal data protection is made by the Office for personal data protection. Czech business inspection among others supervises over the adherence to the Act No. 634/1992, on Consumer Protection, as amended.

Selection of governing law; All contractual relations between the Acquirer and the Provider resulting from entering into the Agreement under these terms and conditions follow the Czech rules of law.

Court prorogation; All disputes under the Agreement entered into under these terms and conditions and under the legal relations established by this Agreement shall be settled by a Czech court, the venue jurisdiction of which is to be determined according to the Provider’s registered address.

License terms and conditions

Subject of the license; The subject of the license is the PhoneX application

Provider’s representation; The Provider hereby represents to be the exclusive exerciser of the property rights to the PhoneX application and these rights are by no means affected or limited, and represents to be authorized to provide the license under these terms and conditions.

Purpose of license provision; The License for the PhoneX application is provided to the Acquirer for the purpose of making secured i.e. coded voice calls and safe sending of coded texts and files.

Non-exclusive license; The license for the PhoneX application is provided to the Acquirer as a non-exclusive license with no territorial restrictions. The Acquirer is not obliged to use the license. In the case of modifications, updates, improvements or other changes made to the PhoneX application by the Provider, the license is provided even for such changed PhoneX application. The Acquirer hereby acknowledges that he/she obtains only a restricted, non-exclusive license for the use of the PhoneX application. By using the PhoneX application the Acquirer has no rights to the contents of the PhoneX application.

Duration of the license; The license to the PhoneX application is provided to the Acquirer for a definite period of time according to the license type purchased by the Acquirer. The Provider offers several types of licenses according to an up-to-date offer on the Provider’s webpages.

Termination of the license; The license terminates automatically with the expiry of the period, for which it was granted, unless the Acquirer uses the opportunity to prolong the license for the PhoneX application. A pricelist for the prolongation of the license for the PhoneX application is available on the Provider’s webpages.

Copyright; PhoneX application and all rights to it, especially property rights and intellectual property rights appertain solely to the Provider. The Acquirer acknowledges that the PhoneX application is protected with copyright.

Use of PhoneX application by the Acquirer; The Acquirer is authorized to use the PhoneX application exclusively for the purpose defined hereby. The Acquirer undertakes to refrain from any activities which could cause unauthorized use of the PhoneX application to him/her or any third persons. The Acquirer is not authorized to provide the PhoneX application in from of a sub-license to a third person, or otherwise assign the rights and obligations of the provided license, unless the contracting parties agree otherwise.

Principles of using PhoneX application; The Acquirer is authorized to use the PhoneX application only in accordance with valid legal regulations in the territory, in which the PhoneX application is used. The Acquirer bears all risks related with the use of the PhoneX application and bears all responsibility for its use and for all damage caused by the use thereof. The Acquirer undertakes to use the PhoneX application with all due care, and to avoid the use of the PhoneX application in ways, which could result in the breach of legal regulations or the rights of third persons.

The Acquirer hereby acknowledges that any scraping and reverse engineering is strictly prohibited. Unauthorized modification of the PhoneX application is prohibited, as well as the distribution of the application outside Google Play and Provider’s official distribution channels. It is forbidden to decompile the PhoneX application, modify it on the code’s level, reproduce the PhoneX application or its part, and investigate the application in order to reveal the principle of its functioning for the purpose of creating a similar product.

Deviations from license arrangements; The provisions deviating from this license arrangement may be agreed in special license agreement made in writing. Deviating provisions in a special license agreement prevail over these terms and conditions.