At Focus Bear Pty Ltd (hereinafter, "Focus Bear," "Company," "us," or "we"), we respect and protect the privacy of visitors to our website, www.focusbear.io, and our customers who use our apps, and related services.
This Privacy Policy explains how we collect, use, disclose, and protect visitors’ and users’ personal data that may be processed by browsing, contacting, or using our website and apps.
The Company strives to ensure compliance with current regulations on the protection of personal data through the General Data Protection Regulation (EU) 2016/679 (‘the GDPR’ hereinafter).
The objective of this Privacy Policy is to inform the natural persons (this means real people, not companies or organizations) who provide their personal data, and/or those who act on their behalf, about the purposes of the use of personal data, the legal bases for the processing, who has access to the data, how to exercise the rights guaranteed by the GDPR, the information retention periods, and the security measures used to maintain the confidentiality, integrity and availability of personal data, among others.
By accessing and using our website and apps, you signify your acceptance to the terms of this Privacy Policy as well as the conditions included inthe Terms of Service. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our website and apps.
Heya!
Welcome to Focus Bear’s Privacy Policy! We’ve added plain-English summaries in these boxes to help you understand the legal stuff more easily. These summaries aren’t legally binding — they’re just here to explain things in a simple way.
We collect and use your personal data when you browse or use our website and apps, in line with EU privacy laws (GDPR). This Privacy Policy explains why we collect your data, the legal reasons for doing so, who can access it, how long we keep it, your rights, and how we keep your data safe.
By using the website and apps, you agree to this policy and the Terms of Service.
Focus Bear is responsible for processing your personal data, this makes us the “Controller” under privacy laws.
Controller – Focus Bear Pty Ltd
ABN - 59 659 843 964
Address - 29 Melrose St, Sandringham VIC 3191 (Australia)
Email – privacy@focusbear.io
We have appointed 'by Data' as our 'Representative' in the European Union to represent us in matters of data protection.
Representative – ‘by Data’
ABN – 33 420 814 429
Postal Address – PO Box 42034 Branch Office 2, Valencia 46017 (Spain)
Email – representative@bydata.eu
Website – www.bydata.eu
‘by Data’ also serves as our Data Protection Officer (DPO), making sure Focus Bear follows data protection rules and acting as a contact for any privacy-related questions or concerns.
DPO – ‘by Data’
ABN – 33 420 814 429
Postal Address – PO Box 785 Upper Coomera QLD 4209 (Australia)
Email – dpo@bydata.eu
Website – www.bydata.eu
Simply put...
We are responsible for how your personal data is collected and used (this makes us the “Controller” under privacy laws).
Since we operate outside the EU, we’ve appointed a company called ‘by Data’ as our representative in the EU to help with GDPR compliance. ‘by Data’ also serves as our Data Protection Officer (DPO), making sure Focus Bear follows data protection rules and acting as a contact for any privacy-related questions or concerns.
So, if you have questions or issues about how your data is used, you can contact us, or our Data Protection Officer (DPO) and EU representative, using the provided emails.
All information collected by Focus Bear will be processed fairly, lawfully and transparently.
We only collect personal data that’s necessary for specific, clear purposes and handle it fairly and transparently, and will not be further processed for different purposes.
The following categories of personal data are processed:
Simply put...
We only collect personal data that’s necessary for specific, clear purposes and handle it fairly and transparently. This may include your contact info, lifestyle details, education and work background, marketing preferences, tech usage, financial info, feedback, and general stats like cookies. In some cases, sensitive data like health or religious beliefs may also be collected, but only when needed and with care.
Generally, personal data is always collected directly from you or from an agent acting on your behalf.
However, in certain exceptions, this data may be collected through third parties; entities or services other than you. In this case, we will inform you through informational clauses contained in the forms, and within a reasonable period (maximum 1 month) or in the first communication.
Simply put...
We usually collect your personal data directly from you or someone acting on your behalf. In some cases, we may get it from third parties, but if that happens, we’ll let you know clearly and as soon as possible.
Completing the information in the table above, your personal data is processed for the following purposes:
Customer Management
Manage subscriptions and user registration for our App, customer service, contacts, and business relationships.
Customer Service
Manage complaints or inquiries regarding the products or services offered, as well as manage internal customer-related information systems.
Marketing Management
Make contacts, manage user registrations for newsletters and commercial communications, hold meetings (in person or online) to provide advice on the products and services offered, conduct surveys and monitor feedback, and organise events and direct marketing activities.
Website Management
Respond to queries and communications sent by website users, manage web user registration, and analyse data generated by website visitors.
Social Media Management
Manage follower data on social media and offer multimedia content through posts and interactions with them.
The categories of personal data, terms of use, privacy policies, and rules for accessing social media can be found at the following links:
Under no circumstances will Focus Bear use social media to send individual advertising.
Service Providers Management
Management of the services contracted with the suppliers and service providers we use to provide our products and services.
Personnel Management
Management of staff and team of people working at Focus Bear (Human Resources).
Security Breach Management
Evaluate, manage, and report potential personal data security breaches to the Supervisory Authority in accordance with the GDPR.
Exercise of Data Subjects’ Rights
Respond to and manage Data Subjects' requests regarding the exercise of their Rights under the GDPR, in accordance with data protection regulations.
Simply put...
We use your data to deliver and manage our services—this includes things like processing orders, sending updates, responding to questions, and improving your experience. We also use it for marketing (if you’ve opted in), event invites, managing social media, and handling any legal or HR matters.
You can unsubscribe from marketing messages anytime, and let us know if you want to update or remove your info.
As a general rule, prior to processing your personal data, Focus Bear informs you of the legal basis for processing your personal data.
The processing of your personal data is lawful because it applies:
Consent: You give us your express and unequivocal consent to process your personal data.
We will only use your personal data in accordance with this Privacy Policy, and we will request your consent to process your data for purposes other than those you initially provided.
Example: Contacting us via our website.
Execution of a Contract: We process your personal data to manage a service or product you have contracted.
Example: Subscribe as a user of our App.
Compliance with Legal and Regulatory Obligations: The processing of your personal data is necessary for the application of laws or regulations related to Focus Bear's business activities, as well as data protection regulations.
Example: Your personal data is subject to audit by the Supervisory Authority in accordance with data protection legislation.
Legitimate interest of the Controller: Focus Bear is authorised to process your personal data as necessary for its general business activities, as well as for sending commercial communications or events about its products or services similar to those contracted (direct marketing).
This processing will only be valid if you have not expressly objected to it at the time your personal data was collected or in any commercial communications.
Example: You may receive an email from us with the latest updates about our services.
Simply put...
We only process your personal data when we have a valid legal reason to do so.
This could be:
* Your consent, which you give clearly (like ticking a box or filling out a form);
* A contract, when we need your data to provide a product or service you've requested;
* A legal obligation, when laws or regulations require us to use your data; or
* Our legitimate interest, like improving our services or sending you updates about similar products—unless you tell us not to.
We’ll always let you know which legal basis applies when collecting your data.
Your personal data is retained for the time necessary to fulfill the purpose for which it was collected.
The following criteria may be applied to the data storage time:
The period established by regulations related to business activity, or
Until you exercise your Right to Erasure, or
The period necessary to fulfill the purposes for which your personal data was collected.
Your personal data may be retained longer than necessary for statistical purposes; in this case, the necessary security measures and minimization and pseudonymization criteria will be applied to ensure the confidentiality of your data.
Simply put...
We keep your data only as long as needed, to provide services, meet legal or contractual duties, or for legitimate business purposes like accounting. If we keep data longer for statistics, we make sure it’s secure and anonymized.
If you want your data deleted or have questions about how long we store it, just reach out to us.
When you visit our website or contact us, you share personal information that we are responsible for protecting. By doing so, you agree that your data may be collected, stored, and possibly handled by trusted third-party services.
These trusted third-party service providers are:
To fulfill the purposes described above, when you interact with Focus Bear, your personal data can be shared with:
Judicial Authorities, State Agencies or Public Bodies (if mandatory);
Professional advisers acting as Processors including lawyers, consultants, auditors and insurers;
Service providers acting as Processors who provide Information Technology (IT) and system administration services on our behalf, including the Information Society Services.
Processors are service providers which processes personal data on our behalf.
The following companies process personal data on behalf of Focus Bear, acting as Processors:
Focus Bear uses Open AI to generate a personalised motivational message each morning and decide whether to allow websites during work hours. Open AI complies with the General Data Protection Regulation (GDPR). For more information about the use of AI, please contact privacy@focusbear.io.
Simply put...
When you visit our website or contact us, you share personal information that we are responsible for protecting. By doing so, you agree that your data may be collected, stored, and possibly handled by trusted third-party services.
To help us run our business and provide services to you, we may share your data with: government or legal authorities (if required), professional advisers (like lawyers or auditors), and tech service providers who support our systems.
We also work with other companies, known as Processors, who handle your data strictly under our instructions. These can be IT providers, hosting platforms, consultants, and other partners who help us operate smoothly and securely.
International Data Transfer means any personal data transferred from a European Union country to a third country or international organisation outside the European Economic Area (EEA)*.
(EEA*: Composed of the 27 EU Member States plus Norway, Iceland and Liechtenstein).
If you are an EU resident, your personal data is collected directly from outside the EEA with your explicit consent by accepting this Privacy Policy.
Simply put...
If you're in the EU, any time your personal data is sent outside the European Economic Area (EEA—which includes EU countries plus Norway, Iceland, and Liechtenstein), it's considered an international transfer. Since Focus Bear is based outside the EEA, your data may be collected and stored in countries like Australia.
According to the GDPR, the Rights that assist you are the following:
Right of Access, right to request information from the controller about whether your personal data is being processed. This allows you to receive a copy of the Personal Data we hold about you and to check that we are legally processing it.
Right to Rectification, a right that allows the affected party to request the modification of personal data that is inaccurate or incomplete.
Right to Erasure (‘right to be forgotten’), right to delete or remove the personal data of the interested party. This enables you to ask us to delete or remove your personal data where you have successfully exercised your right to Object (see below), where we may have processed your information unlawfully or where we are required to erase your data to comply with local law.
Right to Object, the right of a person to oppose the processing of their personal data or the cessation of it.
Right to Restriction, right to suspend the processing of the interested party's personal data in certain cases: where you want exercise the right to Rectification, where data processing is unlawful, where you need us to hold the data to establish, exercise or defend legal claims; or you have objected to use your data while the verification is still pending.
Right to data Portability, the right to request that the Company will provide to another Controller your personal data in a structured, commonly used, machine-readable format.
Right to Object, the right of the interested party to oppose the processing of their personal data or the cessation of it. You also have the right to object where we are processing your personal data for direct marketing purposes.
Automated individual decision-making, the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects on the affected party or significantly affects them in a similar way.
Right to lodge a complaint with a Supervisory Authority if you consider that the data processing does not comply with current regulations.
Right to withdraw consent at any time where the processing is relying on your consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
You may exercise your Rights by email at privacy@focusbear.io providing documentation that proves the identity of the applicant (copy of a Photo ID).
Focus Bear will respond to your request as soon as possible and the maximum period for the resolution of the application is 30 days from receipt, it can be extended for a maximum of 2 months whenever necessary, but you will be notified about it.
Simply put...
Under the GDPR, you have several rights to control your personal data. These include the right to access, correct, or delete your data; object to or restrict how we use it; and request a copy of your data in a portable format. You can also withdraw consent for data processing or opt-out of automated decisions that significantly affect you. If you believe we’re not handling your data correctly, you have the right to lodge a complaint with a data protection authority.
To exercise these rights, simply contact us via email or postal mail, providing proof of your identity (like a photo ID). We’ll respond as quickly as possible, usually within 30 days.
You have the right to lodge a complaint with a Supervisory Authority.
You may submit a complaint if you do not receive a response to your request for the execution of your rights or if you consider that the processing of your personal data breaks the law, and it could affect your rights and freedoms.
You may lodge a complaint with:
The Office of the Australian Information Commissioner (OAIC) www.oaic.gov.au for Australian residents and interested parties.
The Spanish Data Protection Agency (AEPD, acronym in Spanish) www.aepd.es as it is the European Supervisory Authority chosen by the Controller for data protection issues.
All affected parties may submit a complaint to any of the European Supervisory Authorities established by the European Commission.
You’re responsible for ensuring the information you provide is accurate and belongs to you. If you don’t provide true or correct details when asked, we may not be able to offer our services or complete any contracts with you. In this case, we may need to cancel or refuse our services, and we’ll inform you if that happens.
Our services are not for minors, so users must be over 16 years old. If a minor uses our services, the responsibility for any issues will fall on the parents or guardians.
Simply put...
You’re responsible for ensuring the information you provide is accurate and belongs to you. If you don’t provide true or correct details when asked, we may not be able to offer our services or complete any contracts with you. In this case, we may need to cancel or refuse our services, and we’ll inform you if that happens.
Our services are not for minors, so users must be over 16 years old. If a minor uses our services, the responsibility for any issues will fall on the parents or guardians.
We use automated decision-making to help determine the services we offer you, which may include approving or denying a request or affecting the services you receive.
The logic involved in determining the result is as follows: App user ranking by usage streaks and goals.
Positive consequences: The App user will get motivational messages.
Negative consequences: Your usage streak is shared with others on the Leaderboard.
Your name will be under a nickname or pseudonym of your choice, which you can change in the app settings.
However, you will have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effects on you or significantly affects you in a similar way; requesting a human intervention to make a decision.
Simply put...
We use automated decision-making to help determine the services we offer you, which may include approving or denying a request or affecting the services you receive.
We also use automated decisions based on your usage streaks to provide you with motivation messages. Your usage streak with also be shared with others under a pseudonym of your choice which you can change in your Leaderboard in the app settings.
Focus Bear will not process your personal data for a different purpose that was collected for.
However, if Focus Bear intends to use your personal data for another purpose, we will contact you before starting the new processing to inform you of that other purpose and any additional information relevant to your consent.
The security measures adopted by Focus Bear are those required, in accordance with the provisions of Article 32 of the GDPR.
We take the security of your personal data seriously and have implemented the necessary technical and organisational measures to protect it, as required by the GDPR.
Focus Bear has sufficient mechanisms implemented to:
Ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services,
Restore availability and access to personal data quickly, in the event of a physical or technical incident, and
Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organisational measures implemented to guarantee the security of the data processing.
These Technical and Organisational Measures are available for consultation by the Judicial and Supervisory Authorities, and are under continuous review and audits in data protection and privacy.
Simply put...
We take the security of your personal data seriously and have implemented the necessary technical and organizational measures to protect it, as required by the GDPR.
These measures are designed to ensure your data remains confidential, available, and secure, even in the case of physical or technical issues.
We regularly evaluate the effectiveness of these security measures to ensure they are working properly.
Focus Bear reserves the right to modify this Privacy Policy to adapt it to legislative or jurisprudential developments, as well as industry practices.
These policies will be in force until they are modified by others duly published.
For any question about this Privacy Policy, you can ask us by email at privacy@focusbear.io.